18 results for 'cat:"Tort" AND cat:"Wrongful Death"'.
J. Brooks denies in part motion to dismiss a family's allegations that a five-year-old died from died from melioidosis, an infectious disease caused by a tropical bacteria called Burkholderia pseudomallei, which they allege he was exposed to by contaminated aromatherapy room spray. The product was purchased at Walmart, and later that year, Walmart recalled the product after finding the bacteria in it. The parents are already litigating a suit against Walmart, and the majority of defendants consent to transfer. Claims against some defendants are severed from claims against other defendants, and the amended complaint shall be given a new case number. This case, with the remaining defendants, shall be transferred to United States District Court for the Central District of California (Eastern Division).
Court: USDC Central District of California, Judge: Brooks, Filed On: April 26, 2024, Case #: 5:24cv870, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, wrongful Death
J. Axon denies, in part, the government and its entities motion to dismiss tort allegations after a recreation specialist employed by the Bureau of Prisons caused the decedent’s death in a vehicle collision. The United States raises a jurisdictional question that is intertwined with a merits question of the estate’s claim; the Federal Prisons, Department of Justice, and National Institute of Corrections are dismissed from this case for lack of subject matter jurisdiction. The court granted the estate’s motion for deferral ruling until discovery is complete and to determine if the specialist was acting in her scope of work. The stay is lifted, and the remaining parties must meet and confer the filing of a Rule 26 report. Therefore, the court finds the government’s motion for summary judgment to be moot and has granted the estate’s motion for further discovery before ruling on the United States motion to dismiss.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: April 24, 2024, Case #: 7:23cv1201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, wrongful Death, Discovery
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. Kyzar finds that the trial court improperly granted partial summary judgment and dismissed the family members' wrongful death claims over the death of their father from a heart attack following a rear-end auto accident with a truck. There are issues of material fact as to whether the father's heart attack "was caused by or at least precipitated by the accident and injuries he suffered therefrom." Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 27, 2024, Case #: CW-23-750, Categories: tort, wrongful Death
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J. Van Tine finds that the lower court properly found for the bar and dismissed a tort suit filed by the family of an employee who died after falling while drunk at work and sustaining a head injury. The Dramshop Act provides the exclusive remedy for causes of action stemming from the provision of alcohol, so the family may not pursue common-law causes of action. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: January 31, 2024, Case #: 231424, Categories: tort, wrongful Death
J. Whitney denies Neutrogena’s and Johnson & Johnson’s motion to dismiss allegations by the parent of a child who died of leukemia after long-term exposure to the companies’ sunscreen products. The parent allegedly exclusively applied the companies’ sunscreen to the child's skin on a regular basis for 12 years, and Benzene, a chemical compound which is linked to cancer, was present in the sunscreen. The parent’s amended complaint consists of enough credible information at this stage to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 17, 2024, Case #: 3:23cv215, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, Product Liability, wrongful Death
J. Hickey grants a sheriff department's motion to dismiss claims of violating the constitution for using the “Precision Immobilization Technique maneuver” alleged by a surviving wife whose husband died in a vehicle crash, after leaving an event intoxicated, with sheriffs following after. The widow failed to give evidence that a PIT maneuver was performed by the officers, so her unconstitutional policy claim fails.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: November 17, 2023, Case #: 1:22cv1027, NOS: Other Civil Rights - Civil Rights, Categories: tort, wrongful Death, Police Misconduct
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: Civil Procedure, tort, wrongful Death
J. Williams finds a lower court properly dismissed an estate administrator's tort claims against a tribal member. The estate administrator argued that an enrolled tribal member is obligated to face claims in State court. However, the estate administrator, a non- tribal member, may not file claims against a "nonconsenting enrolled tribal member" for actions that took place on a State highway near his reservation based on lack of subject matter jurisdiction. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: October 5, 2023, Case #: 1 CA-CV 22-709, Categories: tort, Native Americans, wrongful Death
J. Gravelles, rules following a bench trial, finding the owners of an inland push tug are not at fault and therefore exonerated from liability for a deadly accident in an inland waterway, during which its barges struck and sank a skiff carrying four intoxicated crew members to an inland towboat, killing two. The negligence of the towboat’s captain was a “substantial contributing cause” of the tragic accident.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 28, 2023, Case #: 3:20cv214, NOS: Marine - Contract, Categories: Maritime, tort, wrongful Death
J. Hsu finds in favor of the government against the parents' wrongful death lawsuit alleging that their son drove on a motorbike into the area surrounding the Whittier Narrows Dam and died because he crashed into a chain that the government's employee strung across a broken gate. The parents do not prove that the government and its employees exhibited a "conscious failure to act to avoid peril," because the employee painted the chain yellow, placed caution tape by the broken gate, and attempted to fix the gate immediately but could not do so at the time.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 9, 2023, Case #: 2:21cv9377, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, tort, wrongful Death
Per curiam, the circuit finds the district court properly dismissed claims brought by the family of the deceased photographer who committed suicide after his arrest for taking part in a scheme to photograph the incumbent senator's late wife in the privacy of her nursing home room. The family members assert various tort claims against state and private actors involved in his arrest and prosecution, though they have not provided authority showing where a court denied qualified immunity based on a difference of opinion about criminal intent. The family members could also not prove the required elements of their claim of retaliatory arrest. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 27, 2023, Case #: 21-60733, Categories: tort, wrongful Death
J. Blacklock finds the court of appeals improperly ruled in favor of the family of a motorist who was killed in a multi-car pile-up caused by a truck driver. After a jury awarded the family over $15 million in noneconomic damages, the truck driver petitioned for judicial review, arguing that the evidence failed to support the amount of damages. The family failed to justify that they experienced the amount awarded to them based on the evidence of the case. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: June 16, 2023, Case #: 21-0017, Categories: Evidence, tort, wrongful Death
J. Harris finds that a sheriff's office is not immune to a wrongful death action over the suicide of a pretrial detainee. The tort immunity waiver for injuries due to the negligent operation of a jail applies to the death. The exception to the waiver for detainees who have been convicted does not apply because the decedent was incarcerated for violating a protection order but had not yet been convicted of the violation. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: May 18, 2023, Case #: 21CA0370, Categories: tort, Immunity, wrongful Death