1,069 results for 'cat:"Tort"'.
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital. The hospital was sued for negligence by the patient who was injured from a slip and fall on hospital premises. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding that there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: Evidence, tort, Negligence
J. Denney grants the grocery store/pharmacy's motion to strike/exclude any claim for future damages. The customer who slipped and fell while shopping filed suit for damages, also serving responses to requests for admission where she denied that her treating physicians had not recommended that she receive any future treatment causally related to the incident. The injured party has not demonstrated that the failure to disclose future medical expenses with respect to her right knee was either substantially justified or harmless. She is precluding from presenting evidence of future damages related to her right knee and related to lost future earnings. Her motion, though, is denied with respect to future damages for back surgery.
Court: USDC Nevada, Judge: Denney , Filed On: May 14, 2024, Case #: 3:23cv439, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, Negligence
Per curiam, the appellate division finds that the lower court improperly found for the city Department of Education in a tort suit stemming from a student's hand injury in a metal door lacking a doorstop. The Department failed to show it lacked constructive notice of the condition, although it established it did not have actual notice of the alleged defect.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02659, Categories: tort
J. Gleason denies in part the government's motion for summary judgment regarding a museum head of security's allegations that a homeland security officer harassed her, stalked her and sexually assaulted her on two separate occasions. She then contacted police to get a protective order against the officer. The officer was later indicted on seven counts of sexual assault of three other women. The head of security alleges that the government negligently hired, trained and supervised the officer. A genuine dispute of a material fact exists as to whether the officer was acting within the scope of his employment during the alleged assaults. The head of security has sufficiently alleged that the officer was stalking her while on duty, as he texted her that he was directing traffic when he saw her outside her office. Photos indicate that the officer was armed when he assaulted her. The harassment claim also continues.
Court: USDC Alaska, Judge: Gleason, Filed On: May 13, 2024, Case #: 3:20cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Assault
J. Cooper partially dismisses the arrestee's suit alleging that his arrest was unlawful. Negligence claims may proceed, since the arrestee has adequately alleged that the arresting officers failed to take basic steps to determine that he was in fact the man they were looking for, but there remains room for the officers to dispute the existence of a "negligent investigation" tort.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 13, 2024, Case #: 1:23cv922, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort
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J. Dever dismisses with prejudice a user of X, the social media platform formerly known as Twitter, who sued X and owner Elon Musk for damages and loss of wages and moving expenses after the user quit his job and moved his family to Florida to compete for the $100 million XPRIZE Gigaton CO2 Removal contest. When the user didn’t win the prize, he suspected that other X users hacked his computer, and he says X and Musk are responsible for not having warned him of these dangerous individuals. The user presents no credible evidence for his claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 13, 2024, Case #: 7:24cv81, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Corporations, tort, Damages
J. Goodwin grants the chemical company's motion for summary judgment in the woman's second amended complaint seeking class certification on a medical monitoring claim for residents living near the company's South Charleston plant stemming from exposure to ethylene oxide, a known carcinogen. Since the woman cannot prove a concrete injury-in-fact caused from breathing the air surrounding the plant, she not only lacks Article III standing to file suit, but also any claim she makes on behalf of herself or the proposed class is not ripe.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 13, 2024, Case #: 2:19cv878, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, tort, Class Action
J. Jones finds the district court properly declined to vacate the bankruptcy court's judgment removing certain members of the official committee of unsecured creditors. The members were appointed as part of the archdiocese's bankruptcy proceedings, which had been initiated in response to sexual abuse lawsuits. Certain members were removed for disclosing sensitive information about the case, including the names of priests. Any lack of proper notice does not violate a protected interest when there is no underlying right to remain on the committee. The members' rights as creditors in the case have not been impaired by their removal. They were not sanctioned and also lack standing to appeal from the bankruptcy court to the district court. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: May 13, 2024, Case #: 22-30539, Categories: Bankruptcy, Civil Rights, tort
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: Insurance, tort, Contract
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: Civil Procedure, tort
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: Civil Procedure, tort, Vehicle
J. Thissen reverses the district court's grant of summary judgment to the care home in the patient's mother's wrongful-death action alleging that it negligently failed to contact emergency services or treat the patient when she inhaled food. The mother has enough evidence in the record to raise a question of material fact as to whether the care home caused her daughter's death. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 10, 2024, Case #: A22-1376, Categories: tort, Negligence, Medical Malpractice
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: tort, Vehicle, Experts
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: Civil Procedure, tort
J. Goodwin grants the specialized commercial lender's motion for partial summary judgment in the ammunition manufacturer’s counterclaim to the lender's breach of contract suit over disputed language governing calculation of interest in the $7.5 million loan it conveyed to the manufacturer to build a facility in Montgomery. The court finds three of the manufacturer's tort claims - fraud, breach of fiduciary duty and tortious interference with contract - are barred by the "gist of the action doctrine," and the fourth - unjust enrichment - fails because of the express underlying contract.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 9, 2024, Case #: 2:23cv15, NOS: Other Contract - Contract, Categories: tort, Banking / Lending, Contract
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, tort, Attorney Fees
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: tort, Negligence, Discovery
J. Kendall denies the suing refurbished electronics dealer’s motion for sanctions and an injunction against the refurbished electronics shop it is suing. The suing dealer accused the other shop of filing false complaints about its products so as to disrupt its business, but the court finds the suing dealer has not provided sufficient evidence to back up those claims.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 8, 2024, Case #: 1:20cv6258, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: tort, Defamation, Interference With Contract
J. Harris finds that the lower court properly awarded the woman $316,000 in damages after the man disseminated a sex tape, including her full name and her city and state, without her consent. Expert testimony is not required for a jury to find the woman was significantly affected by having a sexually explicit video of her posted online where it was viewed over 50,000 times. Further, punitive damages are warranted even if the video was recorded with the woman's consent, because the evidence shows the man acted willfully and in retaliation for the woman breaking off the relationship. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 7, 2024, Case #: 230585, Categories: tort, Damages, Technology
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: Employment, tort
J. Pitman dismisses claims in a countersuit brought by the co-founder of the Austin Chronicle and South by Southwest (SXSW) after he was sued by a former employee, who says he coerced her into sex and then withheld her salary after she refused to marry him. He countersued, alleging she had stolen “several valuable comic books and pulp magazines” from his garage. The counterclaim is inappropriate, as the legal questions in the suit and countersuit “contain no overlap,” and the co-founder’s alleged sexual harassment and abuse would not “excuse or legally justify” the alleged theft or vice versa. At the same time, claims against the Chronicle should be dismissed because no evidence suggests the Chronicle knew about this situation and “deliberately chose to look the other way.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:23cv1197, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, tort, Civil Extortion
J. Rice holds that the district court properly concluded that a one-year statute of limitations applied to a county's contract claim against the state corrections department over the $69 daily rate cap for county jail reimbursement costs. The county failed to show a special relationship with the department to support its bad faith claim, as the county has the corporate power to enter contracts, was represented by counsel and any damages could be recouped without seeking tort damages. The county's unjust enrichment claim also failed because it cannot seek equitable relief after letting a valid contract claim expire. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: May 7, 2024, Case #: DA 22-0427, Categories: tort, Contract
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: Education, tort, Contract
J. Suddaby finds Instagram and its parent company Meta are shielded by Section 230 of the Communications Decency Act, so they are shielded by a personal injury lawsuit alleging they failed to implement safety measures to protect young users from acts of bullying, as well as refusing to remove harmful comments about the litigant, a minor, posted to an account called “nrcs.anything.”
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 6, 2024, Case #: 3:23cv462, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Technology
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: tort, Trademark, Business Practices
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, Settlements, tort