63 results for 'cat:"Tort" AND cat:"Vehicle"'.
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: tort, vehicle
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Wrongful Death
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: tort, vehicle
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J. Cogburn grants the Postal Service’s motion to dismiss federal tort claims alleged by a driver after she claimed a postal employee crashed into her car. However, the driver did not correctly fill out a form required to sue the USPS, leaving out the amount of money she was claiming. Eventually, she filled it out correctly, but this was only after the two-year time limit to sue had already expired.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:23cv657, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, tort, vehicle
Per curiam, the court of appeals finds that the appellate division properly declined to set aside defendant's conviction for leaving the scene of an accident causing injury because evidence indicated that defendant knew at a minimum that a pedestrian had run into the street and come into contact with his car, and that defendant drove off without stopping. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 12, Categories: vehicle, tort
Per curiam, the circuit finds the district court properly dismissed the motorcyclist's claims arising from the impoundment of his vehicle for driving without license plates. The rider's tort claims are time-barred, as he filed them outside the one-year statute of limitations.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-30146, Categories: tort, vehicle, Due Process
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the wealth management firm in a lawsuit over a car collision its employee caused with the citizen while heading to a business meeting in the course of running errands at least partially related to her job. Because the record is unclear as to whether the employee's errands, which included trips to buy packing supplies and wine and cheese, and a stop at McDonald's for lunch, were related to her employment, the firm is not entitled to judgment as a matter of law. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0750, Categories: Evidence, tort, vehicle
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: tort, vehicle, Damages
[Consolidated] J. Herndon finds the trial court improperly denied the injured party's request for added damages after he was awarded damages for a spinal injury and a surgery precipitated by a collision with a semi-truck. The jury's award did not account for a second surgery necessitated by a previously placed screw having come loose. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85368 , Categories: tort, vehicle, Damages
J. Marks grants the federal government its motion for summary judgment in a case where a Department of Veterans Affairs employee hit a motorist’s rental car with a forklift. When the motorist filed this case, he alleged negligence and recklessness or wantonness claims, since the filing he passed away and his estate is still proceeding. The court agrees with the government that a reasonable jury would not find the motorist suffered damages as a result of this accident. The estate’s claims are dismissed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 29, 2024, Case #: 3:21cv640, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle
J. Riedmann finds the district court properly found in favor of a driver in this motor vehicle negligence action. No expert testimony was presented, and such jury instruction was not warranted. The injured party did not seek lost wages, and no abused of discretion or ineffective assistance is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-034, Categories: tort, vehicle, Negligence
J. Palafox finds a lower court erred in denying a citizen's motion to reinstate a case after she sued a school district following a car accident with a school bus. While the case was dismissed due to their lawyer's "failure to appear at two hearings," the citizen has established that the absence was "not intentional or the result of conscious indifference" on her part. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00083-CV, Categories: Civil Procedure, tort, vehicle
J. Theofanis grants Amazon's petition for mandamus relief in a personal injury case brought by a vehicle passenger injured after a collision with a van delivering packages for the company. The trial court denied Amazon's motion to dismiss the passenger's complaint as time-barred. The passenger's claims that Amazon withheld information to allow the two-year limitations to expire are not supported because Amazon had no legal requirement to produce documentation relating to the crash. Furthermore, because the limitations on his claims have expired, Amazon is entitled to have the claims dismissed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 20, 2023, Case #: 03-23-00634-CV, Categories: tort, vehicle, Damages
J. Kuehn finds the district court improperly found the transportation company's claims were only for property loss and statutorily capped at $25,000. The company submitted a Tort Claims Act claim to the state Risk Management Department after its truck was damaged, catching fire after a head-on collision with a vehicle owned by the state college and driven by a college employee. The office settled for the statutory amount of $25,000 and the company claimed consequential damages of $68,636. The relevant statute allows for separate claims for property loss and any other loss caused by the state, and the consequential losses are subject to the $125,000 cap. Reversed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 19, 2023, Case #: 121252, Categories: Government, tort, vehicle
J. O'Connor denies the government a new trial after a jury awarded more than $23 million to a man who became a quadriplegic following a car collision with a postal truck. The damages award, which includes consideration of his past and future physical impairment and his current amputations and expected lifespan, is reasonable.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: December 15, 2023, Case #: 4:22cv147, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Damages
J. Overstreet finds that the appeals court improperly reversed the circuit court's ruling that the city owed the injured cyclist no duty of care because he was not an intended user of the roadway where he struck a pothole. Although a bike rental station was just 100 ft from where the accident occurred, there were no street signs designating the roadway as a bicycle lane. Bicyclists are permitted - but not intended - users of city streets in the absence of specific markings and signage. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: December 14, 2023, Case #: 128602, Categories: Municipal Law, tort, vehicle
J. Pedersen finds that the lower court improperly dismissed the appellant's claim based on a failure to appear for trial in this case arising from a motor vehicle accident. The lower court abused its discretion by allowing the appellant motorist's new trial motion to be denied by operation of law, as the appellant provided a reasonable explanation for her failure to appear. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 13, 2023, Case #: 05-22-00997-CV, Categories: Civil Procedure, tort, vehicle
J. Pham denies the waste collection defendants' motion in limine seeking to exclude certain expert testimony in this case involving a motor vehicle collision. The expert's credentials, which include certification as a Master Automotive Technician, "qualify him as an expert in the field of accident reconstruction," and he independently reviewed the evidence in the case.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 21, 2023, Case #: 2:21cv2474, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Experts
J. Sweazea grants, in part, the commercial truck driver's motion to compel, ruling the logistics company must provide the name of the co-driver involved in the crash because he could be a crucial witness. However, the driver's request for 10 years of incident records from the logistics company is overly broad and will be denied.
Court: USDC New Mexico, Judge: Sweazea, Filed On: November 1, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Discovery
J. Guidry grants a motion by FedEx to apply Texas law in determining the amount the driver can recover for any past medical expenses he may be awarded if successful in his action alleging that he was seriously injured when his vehicle was rear-ended by a FedEx delivery truck. The driver is a Texas resident and drives a vehicle registered in Texas. Although he was injured while passing through Louisiana, all but one of the medical providers with whom he sought care are also located in Texas. Therefore, Texas has the greater interest in the application of its laws to the question of the driver's recoverable past medical expenses.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: October 31, 2023, Case #: 2:22cv3194, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, vehicle, Choice Of Law
J. Stewart finds the lower court properly dismissed a suit where a guardian failed to properly serve the lawsuit to the driver regarding a motor vehicle accident. Because the first action was dismissed for want of prosecution, the second action was properly dismissed based on res judicata. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 27, 2023, Case #: SC-2022-0982, Categories: Civil Procedure, tort, vehicle
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: tort, vehicle, Workers' Compensation
J. Cunningham finds that the appeals court properly reversed the lower court's decision to dismiss this personal injury suit stemming from a car accident involving a driver that passed away a year into the resulting litigation. Because an estate was never opened for the deceased driver and there was no personal representative to defend the lawsuit, the plaintiff acted properly in moving to appoint a special representative. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 26, 2023, Case #: 128468, Categories: Civil Procedure, tort, vehicle
Per curiam, the appellate division finds that the lower court properly found the state's truck driver 100% at fault for the accident that caused plaintiff's injuries. The dump truck driver admitted to taking his eyes momentarily off the road and did not see when the car in front of him suddenly stopped due to a traffic condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05414, Categories: tort, vehicle
J. Kauger finds the trial court improperly dismissed this suit arising from injuries sustained by citizens in a collision with an Oklahoma Highway Patrol Trooper. A letter asking the highway patrol to preserve evidence was determined by the Office of Management & Enterprise Services to be statutory notice of a governmental tort claim, triggering Oklahoma Governmental Tort Claims Act limits. The trial court then determined that time limit had expired when the suit was filed. The letter did not include language and information complying with the Act as constituting notice. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 17, 2023, Case #: 121422, Categories: Government, tort, vehicle