176 results for 'nos:"Motor Vehicle - Torts - Personal Injury"'.
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Wrongful Death
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J. Dorsey denies an injured Brazilian tourist's motion to set aside a judgment entered against him. The tourist and his wife were struck by a Hertz vehicle driven by another customer. The tourist's estimation the car return area's design contributed to the crash overstates the alleged misconduct. He has not shown he could not have discovered the experts’ misrepresentations through pretrial diligence or that these errors merit the drastic remedy sought.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 13, 2024, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Corporations, Vehicle, Negligence
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts, Discovery
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Discovery
J. Summerhays grants a request by an insurance company for a truck driver and his employer, conditionally reducing a jury award of $2.9 million to a motorist seriously injured in an accident. The jury’s award of $500,000 for future medical expenses is not supported by evidence and, therefore, is reduced to $291,000. However, the litigant has the right to reject the reduction and elect to submit to a new trial on the future medical expenses portion of the case.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:19cv56, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Tort, Damages
J. Cogburn grants the Postal Service’s motion to dismiss federal tort claims alleged by a driver after she claimed a postal employee crashed into her car. However, the driver did not correctly fill out a form required to sue the USPS, leaving out the amount of money she was claiming. Eventually, she filled it out correctly, but this was only after the two-year time limit to sue had already expired.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:23cv657, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Vehicle
J. Herrera denies the trucking company's motion for partial summary judgment on a claim for punitive damages, ruling the truck driver's previous refusal of a drug test, a positive test for methamphetamine that resulted in a suspension and the company's failure to monitor the driver's logbooks, when taken together, allow the injured driver to prove the mental state required for reckless or wanton conduct.
Court: USDC New Mexico, Judge: Herrera, Filed On: February 28, 2024, Case #: 1:22cv36, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Damages, Negligence
J. DeGravelles grants summary judgment to the insurer of the lessee of an oilfield service company’s truck and against the insurer of the vehicle’s owner. Both insurance companies are providers of co-primary underinsured motorist coverage in the accidental injury case of the truck’s driver, who was struck by another motorist. Although the insurer of the truck’s owner argues there cannot be co-primary policies because Louisiana law provides for one primary and one excess policy to provide uninsured motorist coverage, this incorrectly states the law.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 23, 2024, Case #: 3:22cv123, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Insurance, Vehicle
J. Lopez partially grants both the Uber passenger and Uber's insurer's motions for summary judgment in an uninsured-motorist suit with additional defamation claims. The passenger's tortious breach of the implied covenant of good faith and fair dealing, tort, and defamation claims against Uber's insurer are dismissed, as is his claim for unfair claims adjustment practices. His claims for bad-faith or contractual breach of the implied covenant of good faith and fair dealing and breach of contract claims against the insurer and tort claims against the two uninsured drivers survive, as do the insurer's crossclaims against the drivers. Uber's insurer's crossclaim against the passenger's insurer is dismissed, while the passenger's insurer's claim against Uber's insurer is maintained.
Court: USDC Puerto Rico, Judge: Lopez, Filed On: February 23, 2024, Case #: 3:20cv1074, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Tort
J. Vance grants a request by the Uber rideshare company for a stay, but not dismissal, of a passenger’s lawsuit pending arbitration of negligence claims she was run over by the driver of the hired car. A case may be dismissed in favor of arbitration only if all the issues and claims raised are subject to arbitration. The passenger’s claims against two additional litigants, the driver of the Uber and an insurance company, may be litigated without arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 21, 2024, Case #: 2:23cv1775, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Bourgeois grants a request by a health care facility that treated a personal injury litigant, quashing parts of a subpoena by an insurer for information regarding the facility’s methods for determining the amounts to charge different patients for the litigant’s type of procedure. The insurer’s discovery requests impose an undue burden on the treatment facility because they include no time periods for assessing patient records. The treatment facility also has legitimate concerns that disclosure of its billing methods could affect its ability to negotiate a higher payment for its services from the insurer.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: February 15, 2024, Case #: 3:23cv582, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Health Care, Insurance, Vehicle
J. Quereshi grants summary judgment in favor of the transit authority in this negligence claim concerning a woman that fell when boarding a metro bus. “When a passenger files a negligence claim against a motor carrier for injuries received when the carrier makes a sudden start or stop, the passenger must prove that the movement was unusual or extraordinary.” The woman fails to present definite facts and evidence that the movement was abnormal.
Court: USDC Maryland, Judge: Quereshi, Filed On: February 6, 2024, Case #: 8:22cv3088, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Whitehurst grants an award of $5,000 in attorney fees and costs to a motorist and against a rental car business and a claims adjuster for allegedly stonewalling his requests for information in his car collision case. Their “egregious use of boilerplate objections" and failure to provide a useful privilege log, among other things, resulted in the litigant’s counsel’s expenditure of 23 hours of unnecessary legal work. As result, he did not learn the identity of the responsible insurer until more than one year after filing suit.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: February 5, 2024, Case #: 6:23cv32, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Attorney Fees
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
[Consolidated.] J. Bell grants Uber Frieght’s motion to dismiss wrongful death and negligence allegations brought by an administrative representative of a motorist killed by a tractor-trailer driver. Uber acted as a broker between Coca-Cola and the driver, not as a motor carrier as the representative argues. Therefore, Uber is subject to the Federal Aviation Administrative Authorization Act, which regulates intrastate transportation, and, therefore, the Act preempts the representative’s allegations as they are all state law claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv73, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death