49 results for 'cat:"Vehicle" AND cat:"Damages"'.
J. Lyle finds that the lower court properly denied the plaintiff driver's request for statutory costs and but improperly denied her prejudgment interest as the prevailing party in an arbitration proceeding stemming from a motor vehicle suit. The driver did not request costs in her litigation papers, which is a required step even before the arbitrator designated her as the prevailing party. However, as the assessment of interest does not qualify as "damages," the driver is still entitled to this money without having made a prior request to the arbitrator. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: May 3, 2024, Case #: 230079, Categories: Arbitration, vehicle, damages
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: Insurance, vehicle, damages
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. Marbley grants, in part, GM's motion for summary judgment on a warranty claim, ruling that although the car owner was forced to take his vehicle to a service center on multiple occasions because of the "shifter issue," he was provided a rental car free of charge or waited for repairs to be made and, therefore, cannot establish damages for loss of use under the Magnuson-Moss Warranty Act.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:21cv924, NOS: Other Contract - Contract, Categories: vehicle, damages, Warranty
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J. Nowell finds that the lower court properly awarded damages in this lawsuit involving damage to a vehicle owned by the appellant, who was awarded loss-of-use damages but "no damages for diminution in the car's value." The court notes that he requested loss-of-use damages in an amount that was "more than the value of the vehicle" when he purchased it and that the amount would have constituted a windfall. The car owner also failed to provide sufficient evidence for diminution in value. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 20, 2024, Case #: 05-23-00355-CV, Categories: vehicle, damages
J. Cook grants a driver’s motion to vacate a lower court order declining to dismiss personal injury claims against him stemming from a motor vehicle accident. The driver lives in another state and the motor-vehicle collision at issue occurred in Mississippi, so the lower court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: March 8, 2024, Case #: SC-2023-0550, Categories: vehicle, damages, Jurisdiction
J. Evans holds that the appeals court erred in reducing the restitution damages a vehicle buyer was awarded by the amount the buyer recovered by trading in the defective vehicle. The restitution amount may not be offset by a trade-in credit or sales proceeds where a manufacture's failure to comply with the Song-Beverly Consumer Warranty Act forces a buyer to trade in or sell a defective vehicle. Reversed.
Court: California Supreme Court, Judge: Evans, Filed On: March 4, 2024, Case #: S266034, Categories: vehicle, damages, Warranty
J. Brown finds the trial court properly ruled in favor of the injured party, offsetting the judgment against costs awarded to the other party. The injured party filed for damages for a wrist injury more than two years after a minor traffic accident. Though he sought more than $300,000 in damages, the jury awarded the injured him $5,000, while awarding the other involved driver more than $11,000 in fees and costs. The court offset the judgment against the costs awarded to the other driver, ordering a judgment against the injured party for $6,000. The court did not act without due consideration in its deemed denial of the injured party's motion to vacate and to alter or amend its order denying his motion to reopen the record. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 28, 2024, Case #: CV-22-78, Categories: vehicle, damages, Attorney Fees
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. Alley finds a lower court did not err in excluding video evidence of a man’s physical abilities after that man sued an oil company over a car accident and won at jury trial, claiming pain and physical impairment. The video was not introduced until after the discovery deadline, and while the oil company raises a number of arguments for why the video should nonetheless be allowed, including arguing the man “cannot be surprised by what he does at a worksite,” none of the arguments sufficiently justify allowing the video. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 9, 2024, Case #: 08-23-00096-CV, Categories: vehicle, damages, Discovery
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
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
[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. D'Auria finds the trial court properly denied the car buyer's request for additional damages following a jury verdict in her favor. The issue of whether she revoked her acceptance of the vehicle after mechanical problems was specifically decided by the jury and the damages they awarded covered that portion of her claim. Additionally, it was not inequitable for the court to decline the buyer's request because the jury's award of damages equal to the amount of payments made on the car loan, and not the full purchase price of the vehicle, restored the buyer to the same financial position as she was in at the outset of the contract. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: January 26, 2024, Case #: SC20774, Categories: vehicle, damages, Warranty
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
J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, vehicle, damages
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. 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. 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. Couriel finds that the court of appeal properly ruled in claims stemming from a car collision because the dangerous instrumentality doctrine did not support entering judgment exceeding maximum liability against one spouse when the other spouse owned title to the vehicle. Affirmed.
Court: Florida Supreme Court, Judge: Couriel, Filed On: November 16, 2023, Case #: SC2020-1311, Categories: vehicle, damages