14 results for 'cat:"Transportation" AND cat:"Negligence"'.
Per curiam, the appellate division finds that the lower court properly permitted a pedestrian to file a late notice of claim after being struck by a westbound train, which led to both of his legs were amputated. The police report indicated that the investigating officer observed petitioner being taken to the hospital, but failed to fully investigate in a timely manner. The transit authority has also failed to offer any particularized evidence showing that it will be prejudiced by the delay. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02510, Categories: transportation, negligence
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: transportation, negligence, Contract
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J. Cetrulo dismisses claims plaintiff brought after he was struck by a car while crossing the street in an area with no crosswalk. Plaintiff contends the county failed to install pedestrian crosswalks in the area in question despite determining such would be necessary, but the county's determination constituted only a recommendation. Meanwhile, failing to install such did not constitute negligence. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: March 22, 2024, Case #: 2023-CA-0439-MR, Categories: transportation, Immunity, negligence
[Consolidated.] J. Sellers finds that the lower court properly ruled that a casino cannot be held liable for stating the bad weather would be manageable when a bus crashed due to severe weather, killing a passenger and injuring others on board. The evidence does not show the casino had a duty to provide "accurate" weather information to the person who chartered the bus. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 16, 2024, Case #: SC-2023-0520, Categories: transportation, negligence, Wrongful Death
J. Berger denies in part the transportation company's motion to dismiss the estate's claim of its liability in a "road rage" incident, where one of its drivers shot and killed a motorist, when the motorist confronted the truck driver after cutting him off at a highway intersection in Mingo County. While the estate has not pled sufficient facts of negligence or gross negligence on the company's behalf, it has plausibly argued a claim for vicarious liability based on the employer-employee relationship with the truck driver, and his possession of a loaded firearm while driving.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: November 16, 2023, Case #: 2:23cv236, NOS: Other Personal Injury - Torts - Personal Injury, Categories: transportation, negligence, Wrongful Death
J. Scudder finds that the lower court properly found for the transportation logistics company on a widow's claims it negligently hired the trucking company that employed the driver of the truck that caused the accident killing her husband. Imposing state negligence standards on brokers would have significant economic costs, and her state-law negligent hiring claims are preempted by the Federal Aviation Administration Authorization Act, which does not impose this liability on brokers. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 18, 2023, Case #: 22-1805, Categories: Preemption, transportation, negligence
J. Tijerina finds that the lower court properly denied the department's plea to the jurisdiction in this lawsuit involving personal injuries allegedly caused by an under-the-seat heater on a prison bus. The individual plaintiff, who was being transported on the bus, sufficiently argues that he was burned after guards refused to reduce the heat. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00246-CV, Categories: transportation, negligence, Jurisdiction