173 results for 'nos:"Motor Vehicle - Torts - Personal Injury"'.
J. Quereshi denies a logistics firm and one of its semi-trailer truck drivers their motion to dismiss allegations of a hit and run and liability. The firm argues that it is not liable because its associated freight company, not itself, owns the truck involved in the collision. But, the two are often co-defendants in litigation, and it cannot be determined yet whether the couple whose car the driver hit has failed to establish subject matter jurisdiction.
Court: USDC Maryland, Judge: Quereshi, Filed On: June 27, 2023, Case #: 8:22cv2984, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
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[Consolidated.] J. Sargus grants a motion for summary judgment filed by the truck driver who stopped to render assistance to the pedestrian before he was struck by another driver, ruling Ohio's Good Samaritan statute applies to the case. The truck driver aided an individual involved in an emergency when he tried to help the pedestrian move a roll of carpet from the middle of the road. Furthermore, the motion to exclude expert testimony filed by the driver who struck the pedestrian is granted in relation to the pedestrian's medical expert as a result of the pedestrian's failure to disclose the witness and his expected testimony.
Court: USDC Northern District of Ohio, Judge: Sargus, Filed On: June 21, 2023, Case #: 2:21cv191, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
J. Mix grants plaintiff leave to amend claims stemming from a pedestrian-vehicle accident to include exemplary damages because plaintiff established willful and wanton conduct based on defendant's admission that he did not know where he was going and had been driving off-road when his vehicle struck plaintiff.
Court: USDC Colorado, Judge: Mix, Filed On: June 6, 2023, Case #: 1:23cv406, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Van Meerveld orders State Farm to produce contested documents for the court’s private review by June 9, 2023. The auto insurer must “clearly identify” redacted portions of documents it claims are attorney-privileged from the version inadvertently turned over to an insured client suing his carrier for bad faith. The litigant argues that all the documents designated as privileged by State Farm are not entitled to such protections and he refuses to destroy the materials as the insurer requested. Trial is set to begin on Aug. 21, 2023.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: June 6, 2023, Case #: 2:22cv4550, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Discovery, Attorney Fees
J. Bourgeois grants requests by a physician and an orthopedic clinic, quashing an insurer’s subpoenas for 25 of 27 categories of documents. The ruling finds good cause to protect both clinic and the physician, a litigant’s rebuttal expert in a personal injury case, from the insurer’s overly broad and burdensome requests. The physician, under penalty of perjury, estimates that compliance with one request would require him to spend at least 30 minutes reviewing over 4,000 individual patient charts at his standard fee of $2,000 per hour (i.e. over $4 million). Requiring the production of documents sought for the sole purpose of providing potential statistical evidence to undermine the medical expert’s bias and credibility would be overly burdensome and disproportionate to the needs of the case.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: June 1, 2023, Case #: 3:22cv153, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Experts, Discovery
J. Quereshi denies Washington’s Metro Transit Authority its motion for summary judgment following tort allegations brought by a passenger in a car that was sideswiped by an authority bus. The passenger still must present a physician’s expert opinion on her injuries and since that would effect the outcome of the trial, summary judgment is not appropriate at this stage.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 30, 2023, Case #: 8:21cv1479, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Tort, Vehicle
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Venue
J. Dorsey denies Hertz’s motion to bifurcate the trial arising from a collision in the rental car return area at the Las Vegas airport. The drivers involved have settled with each other, with the not-at-fault driver filing against Hertz saying that the design of the return area was a proximate cause. There is significant overlap between the evidence on liability and damages. Any potential for prejudice does not warrant bifurcation. Hertz will be allowed to file excess pages as the driver has failed to show prejudice by the disparity in page count.
Court: USDC Nevada, Judge: Dorsey, Filed On: May 17, 2023, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence