23 results for 'nos:"Federal Employers’ Liability - Torts - Personal Injury"'.
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Negligence, Discovery
J. Baldwin denies Union Pacific's motion to exclude improperly obtained photos. The switchman who was injured after slipping on debris while attempting to board a moving train brings this negligence claim for Union Pacific's alleged failure to provide clear walkways. Though the photos were obtained outside the discovery process, the switchman's attorneys acted in good faith when entering a facility to get them. Inclusion of the photos will not be detrimental to a fair and orderly trial.
Court: USDC Nevada, Judge: Baldwin , Filed On: March 4, 2024, Case #: 3:22cv479, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Negligence, Premises Liability
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J. Currault grants summary judgment to the Secretary of the Army, dismissing an engineering technician’s Title VII employment claims of sex, religion, age, and disability discrimination and complaints of a hostile work environment. The Corps of Engineers has presented substantial evidence, including sworn declarations of the technician’s supervisors, coworkers and HR representatives, that undermine her allegations. The technician failed to come forward with any evidence in response.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: March 1, 2024, Case #: 2:22cv3333, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Evidence, Government
J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Piersol denies a motion for partial summary judgment filed by an individual and a cross-motion for summary judgment filed by a Rapid City, Pierre & Eastern Railroad (RCPE). The action involves the injury of an employee during a derailment incident near New Underwood, South Dakota. Neither the individual nor his experts has identified anything about a culvert that RCPE failed to preserve that would affect the litigation in the matter and the individual has not provided any evidence that RCPE's failure to preserve a piece of the culvert "was done intentionally and with a desire to suppress the truth."
Court: USDC South Dakota, Judge: Piersol, Filed On: February 27, 2024, Case #: 5:22cv5064, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment
J. Cronan denies the employer's motion for summary judgment on an employee's claims she developed respiratory illness as a result of her exposure to strong chemicals in a sealant used for station repair work. The employer did not file a Daubert motion to challenge the employee's proposed experts on causation, and she does not need expert testimony to establish that she experienced a headache, sore throat, and burning eyes in the immediate aftermath of being exposed to a strong chemical.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: February 13, 2024, Case #: 1:22cv1719, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Tort
J. Lemmon denies summary judgment to Union Pacific Railroad on the argument the company is not responsible for injuries a rail car inspector suffered when he fell asleep at the wheel of his car and drove off a road after completing a 16-hour shift. The railroad asserts the employee was not acting in the course and scope of his employment. While the accident took place two minutes after the worker left the railyard, the extreme fatigue occurred while he was on-duty and exposed him to danger not faced by the average commuter. Because the employee alleges the railroad was negligent per se in causing the car crash, the employee is relieved of proving the usual elements of duty and breach required by federal law.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: January 8, 2024, Case #: 2:21cv2045, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Evidence, Negligence
J. Milazzo grants summary judgment to a railroad, dismissing a construction laborer’s claims under a federal law that provides remedies to certain injured railroad employees. The laborer, who fell over 7 feet while climbing a water tank requiring two surgeries to his right knee, was not an employee at the time of his injury.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: September 22, 2023, Case #: 2:22cv258, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Remedies, Tort
J. Liman finds that the employee's award of $6.25 million for injuries sustained when a steel frame walkway fell on him shall be reduced to $2 million, as the jury's award was excessive, and its award of $250,000 in economic damages was unduly speculative.
Court: USDC Southern District of New York, Judge: Liman, Filed On: July 12, 2023, Case #: 1:20cv10782, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Damages
J. Cain grants the U.S. government’s motion to dismiss a neo-Nazi prison gang member’s million-dollar suit against a federal prison in Louisiana, arising from injuries sustained in a razor slashing attack by an inmate from a notorious Mexican gang, despite the litigant declaring his rival gang affiliation to a prison screening officer. The litigant-prison gang member fails to overcome the government’s assertion of immunity from liability.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 7, 2023, Case #: 2:22cv1184, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Government, Damages