38 results for 'cat:"Negligence" AND cat:"Emotional Distress"'.
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the parties’ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property owner’s claims of stalking and being threatened. The court’s findings were supported by the evidence and the neighbor’s claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: negligence, emotional Distress, Due Process
J. Steeh denies a school district dismissal of claims contending a school bus aide physically and verbally abused a seven-year-old child who suffers autism and emotional impairment because the aide, who had previous altercations with the student, lacked proper training to calm the child.
Court: USDC Eastern District of Michigan, Judge: Steeh, Filed On: May 8, 2024, Case #: 2:23cv11810, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, negligence, emotional Distress
J. Eaton finds the trial court properly granted summary judgment to Comcast, a cable company and a flagging company in this negligent infliction of emotional distress, negligence and loss of consortium claims brought by a wife and husband. The wife alleges she suffered PTSD and depression after she witnessed the cable company’s truck back up, hitting a flagger and crushing his skull. The husband alleges loss of consortium for having to care for the wife after the incident. The wife’s claims fail as a matter of law, and the husband’s claim is derivative of these failed claims. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 22, 2024, Case #: 23-AP-086, Categories: negligence, emotional Distress
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J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, negligence, emotional Distress
J. Mortensen finds that the district court properly granted summary judgment to a mother on her adult daughter's emotional distress claims. The mother's communications with her daughter were attempts at reconciliation, though possibly insensitive to the history of sexual abuse by the mother's husband that led to the daughter's removal from the mother's home as a child. The daughter's negligent sexual abuse claim failed because a neighbor's warning to the mother about her husband's inappropriate behavior around children was not sufficient to put the mother on notice that her daughter was at risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: January 19, 2024, Case #: 20220207-CA, Categories: negligence, emotional Distress
J. Kirsch allows the stepsister to continue with her amended complaint alleging that she was sexually assaulted by her four adult stepbrothers when she was a minor in the 1970s. There is no bad faith or dilatory motive in the woman's amendments, as the proposed amendments only add details in response to the stepbrothers' claims that the complaint lacked specificity. The complaint was timely filed because the statute of limitations had been tolled due to the Covid-19 pandemic.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:21cv20270, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, emotional Distress
J. Hunt denies a school board’s motion to dismiss intentional infliction of emotional distress and failure to protect claims, brought by the parent of a bullied child. Over the course of several years, the child suffered repeated acts of physical and sexual assault by other students, including being stabbed with pencils, being kicked and punched, and having his genitals groped. The parent says teachers and staff knew of these incidents and were indifferent to them, and the court finds the parent alleged these claims sufficiently to survive dismissal motions.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 16, 2024, Case #: 1:22cv4745, NOS: Other Civil Rights - Civil Rights, Categories: negligence, emotional Distress, Assault
J. Walters finds the Appeals Court properly overturned the trial court’s dismissal of an individual's negligence claim after her husband was accidentally shot and killed on a camping trip and struck her claim for emotional distress damages. “Plaintiff has pleaded facts sufficient to give rise to a legally cognizable common-law negligence claim for emotional distress damages.” Reversed.
Court: Oregon Supreme Court, Judge: Walters, Filed On: December 29, 2023, Case #: S069409, Categories: negligence, emotional Distress, Firearms
J. Hodges finds that the trial court properly entered a default judgment awarding the individuals damages in a negligence and emotional distress action arising after they were forced to hide in their vehicle during a hail of gunfire at an apartment complex owned by the company. The allegations in the individuals' complaint sufficiently showed that violent crimes had occurred on the property before and that the company should have foreseen that the incident at issue in the action could have occurred. The complaint also set forth sufficient allegations to support a claim for emotional distress damages under the pecuniary loss exception to the impact rule. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1079, Categories: Damages, negligence, emotional Distress
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: Employment, negligence, emotional Distress
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, negligence, emotional Distress
J. Nagala denies the boarding school's motion for summary judgment, ruling it could be held liable for the sexual assaults on the student by its dean because it was aware the dean would give physical displays of affection and had access to students as a dorm parent and coach, while the school's administrators also allegedly failed to properly investigate claims of assault when they were first made.
Court: USDC Connecticut, Judge: Nagala, Filed On: October 2, 2023, Case #: 3:20cv1822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, negligence, emotional Distress
J. Kness primarily denies the defendant public high school’s motion to dismiss sexual abuse allegations brought by a group of male former students. The students, who attended the suburban public high school in the 1970s and ’80s, claim a former teacher abused them and other male students for over three decades. They now bring 13 separate claims against the school and the teacher himself. Though the teacher and district argue most of these claims are time-barred, the court disagrees. It allows all but three claims to proceed; and the battery, sexual abuse and due process claims dismissed are tossed only against the school, not the former teacher.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 30, 2023, Case #: 1:21cv2755, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, emotional Distress, Assault
J. Rush finds that the trial court improperly ruled in privacy claims because evidence remains in dispute regarding whether plaintiff's private medical information had been disclosed to another person in a manner that such could become public knowledge. While negligence claims may also move forward, plaintiff is not entitled to recover damages for emotional distress. Reversed in part.
Court: Indiana Supreme Court, Judge: Rush, Filed On: September 25, 2023, Case #: 23S-CT-116, Categories: negligence, emotional Distress, Privacy
J. Gremillion finds that the trial court improperly maintained the doctor's exception of no cause of action in the family's suit over the disfigurement of their loved one's body that occurred during the harvesting of her organs after her death. "The first and fourth circuits have recognized the principle that family members have causes of action for the mishandling of a relative's corpse." Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: September 20, 2023, Case #: CA-22-775, Categories: Civil Procedure, negligence, emotional Distress
J. Brown finds that the trial court improperly denied the companies' motion to dismiss an assault, battery, conspiracy, negligent hiring, premises liability, emotional distress and invasion of privacy action brought by an individual arising from injuries he suffered in a trip-and-fall incident as he was escorted out of his former place of employment. The individual voluntarily dismissed his first action against one of the companies. The other companies are in privity with that company and were parties to the second voluntarily dismissed action or the instant action. The two-dismissal rule therefore applies. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 13, 2023, Case #: A23A0680, Categories: negligence, emotional Distress, Premises Liability
J. Barbier finds in partial favor of a marine towing company and on a seaman's claims that he suffered physical injuries while attempting to help a “green” deckhand who fell off a barge and into the water. There is no question that the seaman’s previously concealed injuries to his lower back, neck and left shoulder affect the exact same body parts as the injury at issue. However, the employer fails to prove the seaman’s request for benefits and treatment for his alleged psychological injuries were linked to any prior injuries.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: September 8, 2023, Case #: 2:22cv1209, NOS: Marine - Contract, Categories: Maritime, negligence, emotional Distress
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: negligence, emotional Distress, Aviation
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: negligence, emotional Distress, Assault
J. Robart denies the families' request to file a second amended complaint, which arises from the families' dismissed claim that Amazon is liable for the deaths of two teenagers who fatally ingested sodium nitrite that they bought from a seller on Amazon's platform. The families do not sufficiently argue that the ruling dismissing their claim contained manifest error and they did not identify new facts they would plead if they were given leave to amend their complaint. Their prior complaint was dismissed because they did not conclusively prove that the sodium nitrite was defective regarding its warnings or that Amazon was liable for the two teenagers deliberately misusing the product.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 25, 2023, Case #: 2:23cv263, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, emotional Distress, Product Liability