6 results for 'cat:"Vehicle" AND cat:"Negligence" AND cat:"Wrongful Death"'.
[Consolidated.] J. Bell grants Uber Frieght’s motion to dismiss wrongful death and negligence allegations brought by an administrative representative of a motorist killed by a tractor-trailer driver. Uber acted as a broker between Coca-Cola and the driver, not as a motor carrier as the representative argues. Therefore, Uber is subject to the Federal Aviation Administrative Authorization Act, which regulates intrastate transportation, and, therefore, the Act preempts the representative’s allegations as they are all state law claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv73, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, wrongful Death
J. Brann a father’s denies motion for partial summary judgement after his children were killed in a motor vehicle accident in which the mother hit a deer and their vehicle was disabled in the path of a tractor trailer retained by Gateway Freight System. Gateway’s motion for partial summary judgement is granted because the broker is not liable for the actions of the truck company or its driver. A material dispute exists regarding whether Gateway negligently entrusted the trucking company with the shipment.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: December 18, 2023, Case #: 4:21cv156, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, wrongful Death
J. Fleming denies the estate's motion for summary judgment on its negligence claim against the cable company employee who cut the drop wire that caused the fatal motorcycle accident, ruling questions of fact remain as to whether the employee's decision to cut the line, which ordinarily falls flat across a roadway, was reasonable. Meanwhile, the employee's perfect scores on every field safety test and his training history preclude any direct negligence claim against the employer.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 26, 2023, Case #: 1:21cv543, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, wrongful Death
J. Tuchi grants a transportation company's motion for summary judgment on vicarious liability claims brought by an estate administrator. The transportation company sufficiently showed in court that it did not employ the truck driver, who crashed into the backside of another truck, which resulted in the death of a passenger sleeping in an overhead cabin.
Court: USDC Arizona, Judge: Tuchi, Filed On: September 13, 2023, Case #: 3:21cv8057, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, wrongful Death
J. Benavides finds that the lower court properly granted summary judgment in favor of AutoZone in this lawsuit alleging negligent undertaking and gross negligence against the auto parts store. An employee allegedly said that a certain vehicle was "fine to drive" with the check-engine light on, but the vehicle subsequently stalled in traffic and the driver of the vehicle was killed when she was allegedly struck by another motorist. The evidence does not establish, however, that the store's alleged negligence was the cause-in-fact of her death. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 20, 2023, Case #: 13-22-00241-CV, Categories: vehicle, negligence, wrongful Death
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J. Doss finds that the lower court properly entered a take-nothing summary judgment in favor of the owners of an all-terrain vehicle in this lawsuit arising from a fatal accident involving the ATV. The accident occurred while the vehicle was being used on a fishing trip that was "unrelated to ranch business." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: July 12, 2023, Case #: 07-20-00283-CV, Categories: vehicle, negligence, wrongful Death