110 results for 'cat:"Vehicle" AND cat:"Negligence"'.
J. Gruber finds the county court properly granted the business owner's motion for summary judgment. The owner asserted he did not own the accident-involved vehicle but had sold it to the driver through his auto salvage business on an installment agreement, with the state having issued the title to the driver. Though the driver was previously employed by the owner, at the time of the accident he was no longer employed, and the owner had no duty to confirm he was licensed or insured. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 8, 2024, Case #: CV-23-258, Categories: vehicle, negligence
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: vehicle, negligence
J. Adams denies, in part, a freight company and its truck driver’s motion for partial summary judgment in this motor vehicle collision stemming from the truck driver hitting another vehicle driven by a motorist. The motorist alleges negligent and wanton hiring, training, supervision, maintenance and entrustment against the freight company and negligence and wantonness violations for rules of the road regarding the driver. There is in fact a genuine issue of the driver’s actions, but the motorist fails to present any evidence on her claims against the freight company. The Alabama Uniform Traffic Crash Report has been struck in favor of the company and driver.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: May 2, 2024, Case #: 3:23cv137, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence
J. Goldin finds that the trial court improperly ruled in tort liability claims brought after plaintiff was struck by a city vehicle when he stepped off a curb in the middle of a block to cross between two stopped vehicles, at which point the light changed, because the record does not indicate the accident had been caused by negligent hiring and retention of a city employee. Meanwhile, the record indicates plaintiff was at least 50% at fault.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: May 1, 2024, Case #: W2023-00437-COA-R3-CV, Categories: vehicle, negligence
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Jury, vehicle, negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: Government, vehicle, negligence
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: vehicle, negligence, Experts
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. Dorsey denies an injured Brazilian tourist's motion to set aside a judgment entered against him. The tourist and his wife were struck by a Hertz vehicle driven by another customer. The tourist's estimation the car return area's design contributed to the crash overstates the alleged misconduct. He has not shown he could not have discovered the experts’ misrepresentations through pretrial diligence or that these errors merit the drastic remedy sought.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 13, 2024, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Corporations, vehicle, 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. Immergut denies summary judgment to the distributor against the lost earning capacity claim of the driver's complaint alleging that its employee caused the head-on car collision that caused the driver's open right femur fracture. The distributor does not prove as a matter of law that the driver's claim should be dismissed, because the driver sufficiently alleges that his work could be impaired because he now experiences a reduced range of motion in his right leg and other lingering injuries.
Court: USDC Oregon, Judge: Immergut, Filed On: February 20, 2024, Case #: 3:22cv902, NOS: Other Personal Injury - Torts - Personal Injury, Categories: vehicle, negligence
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, vehicle, negligence
J. Quereshi grants summary judgment in favor of the transit authority in this negligence claim concerning a woman that fell when boarding a metro bus. “When a passenger files a negligence claim against a motor carrier for injuries received when the carrier makes a sudden start or stop, the passenger must prove that the movement was unusual or extraordinary.” The woman fails to present definite facts and evidence that the movement was abnormal.
Court: USDC Maryland, Judge: Quereshi, Filed On: February 6, 2024, Case #: 8:22cv3088, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, Jurisdiction
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. 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. Wormuth grants, in part, the injured driver's motion to compel discovery, ruling the at-fault driver's employer must provide responses to interrogatories about all vehicles driven by the employee in the year leading up to the crash, as well as those about manuals and instructional guides on driving possessed by the driver at the time of the crash, as they are relevant to the case.
Court: USDC New Mexico, Judge: Wormuth, Filed On: January 24, 2024, Case #: 1:23cv660, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, negligence, Discovery
J. Johnson partly grants a driver's motion to restrict evidence, such as being terminated from a previous job for serving alcohol and having an outstanding warrant, in his suit against a trucking company regarding a motor vehicle accident.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: January 24, 2024, Case #: 3:22cv457, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, vehicle, 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