11 results for 'cat:"Employment" AND cat:"Wrongful Death"'.
J. Drell grants a request by the seller of a Caterpillar bulldozer to a parish government, dismissing the company from a wrongful death suit filed by the widow and children of the vehicle’s operator. The operator’s family has no reasonable possibility of recovery under state law, and they have not shown the company was a professional vendor with control over the design or construction of the bulldozer. Furthermore, because a warning to wear a seatbelt was posted on the machine within the operator’s view, the seller did not have a duty to verbally warn parish employees that operating the bulldozer without wearing the seatbelt could be dangerous.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:23cv672, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: employment, Product Liability, wrongful Death
J. O'Neil finds a lower court improperly dismissed a surviving spouse's wrongful death claims against a county. The county argued that it is entitled to immunity. However, the surviving spouse sufficiently showed in court that the county's constable convinced his wife, an apartment complex manager, to help her serve a writ of restitution on a violent tenant, which resulted in the tenant shooting and killing both women, and then killing himself. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: March 28, 2024, Case #: 2 CA-SA 2023-91, Categories: employment, Immunity, wrongful Death
J. O'Neil finds a lower court properly partly ruled in favor of a surviving spouse's wrongful death claims against a county. The surviving spouse argued that the county is not entitled to judicial immunity after it sent his wife, a constable, now deceased, to a residence of a violent offender to serve process, who shot and killed her. However, the lower court properly concluded that legislative immunity does not shield the county's decision to appoint the constable, but erred in deciding that her acts of service of a writ were not protected by judicial immunity. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: O'Neil , Filed On: February 14, 2024, Case #: 2 CA-SA 2023-91, Categories: employment, Immunity, wrongful Death
J. McConnell finds that the trial court should have admitted testimony from medical experts regarding the possible relationship between diesel exhaust and non-Hodgkin's lymphoma in a wrongful death case. Though the connection has not been definitely made in scientific literature, the experts' medical training would allow them to bridge the analytical gap. Vacated.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: January 4, 2024, Case #: D082229, Categories: employment, Experts, wrongful Death
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J. Maraman finds the lower court properly granted summary judgment in the case of an employee’s death at work to a plumbing company. Though the employee’s family argued that there was ambiguity on whether the deceased was actually considered an employee or not, it was proper to consider summary judgment before conducting discovery. The family did not present any evidence of genuine issue of material fact, even in the many months between the filing and the hearing and only presented an opposition that wrongly placed the burden of proof on the plumbing company. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: November 30, 2023, Case #: CVA22-11, Categories: employment, wrongful Death, Workers' Compensation
J. Clement finds the Administrative Law Judge properly upheld OSHA’s citing of the owner of a chicken rendering plant where two people were killed while unclogging a pressurized steam machine used to break down a digestible “poultry meal” used in pet food. A flange burst open while the workers attempted to release pressure buildup, spewing steam and hot material over the workers. The record shows that the owner failed to clearly and specifically outline rules regarding the control and release of hazardous energy. Substantial evidence supports the judge’s conclusion. Affirmed.
Court: 5th Circuit, Judge: Clement, Filed On: October 6, 2023, Case #: 22-60466, Categories: employment, Agency, wrongful Death
J. Levy denies a company’s motion for summary judgment against the woman suing it after one of its employees was in a head-on collision with, and killed, her husband and seriously injured her. It is not cut and dry that the employee was acting in a personal capacity, rather than in the scope of his employment, at the time of the collision.
Court: USDC Maine, Judge: Levy, Filed On: September 21, 2023, Case #: 1:21cv343, NOS: Motor Vehicle - Torts - Personal Injury, Categories: employment, Vehicle, wrongful Death
J. Rodriguez finds a lower court erred in denying a truck company's motion to stay proceedings and compel arbitration in a lawsuit stemming from a fatal workplace accident. While the worker's widow argues the company is liable for the death because it allegedly failed to train the worker on safe ladder use, there was nonetheless a valid arbitration agreement covering claims that the widow is now making. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 1, 2023, Case #: 08-22-00226-CV, Categories: Arbitration, employment, wrongful Death
J. Hillman dismisses federal claims contending the county denied a prison guard's request to leave work early when he was not feeling well and failed to prevent him from contracting Covid-19. The estate failed to sufficiently allege that the county officials' refusal to allow the guard to leave constituted the primary cause of his eventual death, but the estate may amend the claims in light of well-documented problems at the county jail.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 27, 2023, Case #: 1:22cv6372, NOS: Other Civil Rights - Civil Rights, Categories: employment, wrongful Death, Covid-19
J. Hsu denies in part an employer's motion to dismiss decedent's family's allegations that their loved one suffered a fatal heart attack while heading home from work due to the employer overworking the employee, refusing to provide breaks and not paying overtime or all wages due. An executive director at the company is not a necessary party and appears to have been added to destroy diversity. Claims against the executive director are dismissed, but the remaining claims against the employer for violations of the California Labor Code continue.
Court: USDC Central District of California, Judge: Hsu, Filed On: July 12, 2023, Case #: 2:23cv691, NOS: Other Personal Injury - Torts - Personal Injury, Categories: employment, wrongful Death