6 results for 'cat:"Tort" AND cat:"Vehicle" AND cat:"Jurisdiction"'.
J. Pulliam remands a car accident lawsuit to state court because, while there is a genuine factual dispute over who owns a cab involved in the accident, the court at this point “must resolve all factual issues, doubts as to the propriety of removal, and ambiguities in favor of” the suing parties, and this federal court therefore lacks jurisdiction.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: May 15, 2024, Case #: 5:24cv320, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, jurisdiction
J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, jurisdiction
J. Schroeder grants a commercial shipping firm its motion to transfer a suit against it after one of it drivers allegedly crashed into a motorist’s car, causing significant damage including claims of over $106,000 in medical expenses. Also, the motorist’s motion to remand this case is denied because she and her counsel previously had not objected to the suit’s removal to federal court. As she originally filed suit in the wrong county, the firm’s motion to transfer to the Western District of North Carolina is approved because the motorist lives there and the collision happened there.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 9, 2023, Case #: 1:23cv382, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, vehicle, jurisdiction
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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J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: tort, vehicle, jurisdiction