174 results for 'nos:"Motor Vehicle - Torts - Personal Injury"'.
J. Gonzalez grants the Missouri-based logistics company's motion to dismiss, ruling that while it brokered the freight load involved in the fatal accident, it did not employ the driver or direct the route of the shipment and, therefore, does not have the required business contacts in the state to grant this court jurisdiction under the New Mexico long-arm statute.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 5, 2023, Case #: 1:22cv599, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Reidinger denies two motorists their motion to remand a suit they brought against another pair of motorists who collided with their car, causing damage and injuries. The pair who caused the crash removed the case from state to federal district court, and the injured party argues the case should be remanded. However, the pair who injured the other correctly maintains that because the parties are from different states and the amount in controversy exceeds $75,000, the case must remain in the federal district court.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 28, 2023, Case #: 1:23cv109, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Jurisdiction
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J. Hightower grants the employee's partial motion for summary judgment in a negligence action brought by the driver arising from a car collision. The driver's gross negligence and negligent hiring claims are dismissed. The driver failed to show that the employee's acts or omissions involved an extreme degree of risk or that he knew risk was involved but proceeded anyway with conscious indifference to the welfare of others. The driver also failed to present evidence showing that the employer breached its duty to properly hire, train or supervise the employee or that the employee was an incompetent driver.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 28, 2023, Case #: 1:21cv1063, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Sands denies the truck driver's and employer's motion to partially dismiss an intervenor's complaint in the maintenance worker's negligence action arising from injuries he suffered in a vehicle collision and fall. The Georgia Department of Administrative Service is dismissed as a party to the action. The department intervened as a plaintiff but the court lacks subject matter jurisdiction over the department's claims. The department is not a citizen for the purpose of federal diversity jurisdiction because it has Eleventh Amendment immunity as an arm of the state.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: August 28, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
J. Hurson grants the United States its motion to dismiss tort allegations after an NSA employee failed to identify herself at a checkpoint, causing a different employee driving behind her to crash. An NSA police officer activated a barricade after the female employee failed to identify herself, causing the rear of the other employee’s car to hit a jersey barrier. He and his wife were injured but recovered related expenses through workers’ compensation, preventing them from suing the government or the female employee, who is considered to have had immunity.
Court: USDC Maryland, Judge: Hurson, Filed On: August 22, 2023, Case #: 8:20cv2318, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Vehicle
J. Ramirez denies, in part, a company and its driver's motion to strike an expert and certain opinions during a couple's car collision-related action. Contrary to their argument, the couple's expert is qualified to testify on sleep and fatigue in the trucking industry and related federal motor carrier regulations.
Court: USDC Northern District of Texas , Judge: Ramirez, Filed On: August 9, 2023, Case #: 3:21cv2047, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
J. Williams grants the employer's motion to dismiss, ruling that the injured driver's failure to comply with court orders to complete interrogatories and other discovery, coupled with a two-year delay in the production of discovery documents, has prejudiced the employer and requires sanctions in the form of dismissal.
Court: USDC Connecticut, Judge: Williams, Filed On: August 2, 2023, Case #: 3:20cv785, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Deguilio grants summary judgment to an RV manufacturer in this matter concerning a warranty. A consumer purchased an RV with a limited warranty from the manufacturer. Finding a number of defects with the RV, he took it to two different authorized dealers for repair. Several of the issues were addressed, but the consumer was dissatisfied and filed suit against the manufacturer. Despite participating in mediation, a resolution could not be reached. The instant court finds no breach of contract or express warranty.
Court: USDC Northern District of Indiana, Judge: Deguilio, Filed On: August 2, 2023, Case #: 3:21cv222, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Warranty, Contract
J. Hollander grants the United States its motion to dismiss a suit alleging violations of the Federal Tort Claims Act arising from an incident in which two civilians employed by the Army crashed into each other. Although neither of the civilians claimed injury, one of them brought a suit for $200,000 in damages. Federal civilian employees "may not file actions against the United States under the FTCA for work-related injuries." The U.S. Department of Labor found that the accident, which happened on the Army's property, was work-related. Therefore, the federal court is "stripped of its jurisdiction."
Court: USDC Maryland, Judge: Hollander, Filed On: July 26, 2023, Case #: 1:21cv1547, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Jurisdiction
J. Wright denies in part the government's motion for partial summary judgment in a wrongful death lawsuit after a government employee driving a van crashed into the decedent's motorcycle. Damages claims are brought by decedent's estate and by his parents. The estate "may proceed with its claim for pain and suffering damages, but only as to the time period beginning just before Decedent’s collision with the vehicle and ending with Decedent’s collision with the ground." The parents are entitled to recover funeral expenses, but there is a genuine issue of disputed fact regarding the amount.
Court: USDC Central District of California, Judge: Wright, Filed On: July 20, 2023, Case #: 2:22cv1529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Wrongful Death
J. Autrey grants Volvo's motion to apply North Carolina law to this motor vehicle action accusing the truck manufacturer of failing to equip the subject semi-truck with crash avoidance technology or appropriate seatbelt equipment. While the underlying accident occurred in Missouri, none of the parties have any significant connection to Missouri, whereas Volvo has its principal place of business in North Carolina.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: July 14, 2023, Case #: 4:21cv214, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Product Liability, Choice Of Law