11 results for 'cat:"Vehicle" AND cat:"Damages" AND cat:"Negligence"'.
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: vehicle, damages, negligence
J. Herrera denies the trucking company's motion for partial summary judgment on a claim for punitive damages, ruling the truck driver's previous refusal of a drug test, a positive test for methamphetamine that resulted in a suspension and the company's failure to monitor the driver's logbooks, when taken together, allow the injured driver to prove the mental state required for reckless or wanton conduct.
Court: USDC New Mexico, Judge: Herrera, Filed On: February 28, 2024, Case #: 1:22cv36, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, damages, negligence
J. Hixon finds an $11,000 damages award to a driver and passenger in a collision case was adequate. The oilwell worker, driving in the scope of his employment, struck the injured parties' vehicle when stopped at a stop sign. Although the oilwell worker's behavior constitutes reckless driving, the injured parties fail to show this automatically warrants an instruction on punitive damages. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: February 1, 2024, Case #: 120288, Categories: vehicle, damages, negligence
J. Mollway finds that a driver is partially liable for a moped driver’s damages after the two were involved in an accident that resulted in the moped driver’s injuries. The two drivers crossed paths as the car driver made an intersection turn onto the moped driver’s lane. It is unclear whether the the vehicles physically collided but the car driver is responsible for a negligent turn that the moped driver had to swerve to avoid. The car driver is liable for only 60% of the damages given comparative negligence due to evidence the moped driver was speeding at the time.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:22cv299, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, damages, negligence
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J. Coulson admits that the court’s previous order calculating damages was based on a legal error in the valuation of damages. The court grants an additional $1,720.96 in damages for a total of $6,894.96 owed to the logistics company whose trailer and cargo was never returned after an accident. The parties can petition to reopen discovery for the purpose of the value of the trailer and cargo while in the towing company’s possession.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: vehicle, damages, negligence
J. Ditkoff reverses a judgment dismissing a bus driver’s complaint against his employer and a man who fell unconscious behind the wheel and rear-ended his bus. A medical expert testified that the man and his employer should have been aware of his excessive sleepiness and the danger it posed for him to operate a vehicle based on his untreated sleep apnea even if they weren’t aware of his sleep apnea because it is not an acute condition. While the man claimed he had no memory of lethargy leading up to the accident, he also claimed he had no memory at all of the weeks leading up to the accident, so it’s possible he had experienced excessive sleepiness while driving in that time.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: October 18, 2023, Case #: 21-P-740, Categories: vehicle, damages, negligence
J. Reidinger grants a petroleum carrier company's motion for partial summary judgment following allegations of gross negligence brought by a driver after the company's truck caused a crash. The driver, whose car was hit by another car that was in turn hit by the truck, sustained severe injuries and incurred $230,000 in medical costs. However, even though the truck driver was distracted by a cell phone call in a construction zone, he was not speeding and made his best efforts to stop as soon as possible. Therefore, the car driver cannot proceed on his claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 18, 2023, Case #: 1:21cv158, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, damages, negligence