20 results for 'nos:"Marine - Torts - Personal Injury"'.
J. Smith partially denies summary judgment to a boat captain who slipped and fell on a whale watching tour boat. There is a genuine dispute of material fact if there was an unseaworthy, worn non-slip strip and fuel leak in the room where he slipped, or if this was an uncommon condition of the room. The tour company is granted partial summary judgment as to the injury to the captain’s left leg, but not to injury to his right knee. The tour company’s obligation to the health of his left leg has reached maximum medical cure, but questions remain as to whether the right knee’s condition is connected to the original injury.
Court: USDC Hawaii, Judge: Smith, Filed On: March 22, 2024, Case #: 1:22cv442, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Employment, Tort
J. Mollway declines to extend the discovery deadline so the family of a woman who died on a diving excursion may conduct discovery and take preservation depositions of an expert who may be unable to make a physical appearance at trial. The magistrate judge properly denied the request to allow the deposition, as the family did not present a reason for not meeting the deadline.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Wrongful Death, Discovery
J. Zilly partially denies the cruise line's motion to dismiss the unlawful imprisonment and conversion/theft claims of the passenger's second amended complaint asserting that the cruise line unlawfully detained her on its cruise from Hawaii to Tahiti, and then charged her for a hospital stay when she refused to sign a document. The cruise line moves again to dismiss these claims despite a prior court ruling declaring that these claims will remain in the case, and it does not show that the passenger changed the claims so much in this amended complaint that prior analysis no longer applies.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 29, 2023, Case #: 2:23cv93, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
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J. Flanagan rules in favor of a maritime services firm to place a lien on a vessel it salvaged at sea. The vessel, a powerboat, had been tender to a larger vessel when it capsized and the larger vessel abandoned it. The maritime services recovered and restored the boat at significant cost of over $263,000, and it will now be put up for public sale.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 21, 2023, Case #: 4:23cv130, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Chambers grants the Barboursville motel’s renewed motion to dismiss a Georgia man’s suit claiming he sustained permanent and disabling injuries on Sept. 29, 2020, when during a dive excursion at Coco View Resorts in Honduras he was struck by the propeller of one of the motel’s ships it has docked at the resort. After giving the parties a 90-day period to conduct limited discovery following the filing of an amended complaint, the court finds, despite some evidence of a business relationship, the man can’t show the motel and the resort are one in the same.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: October 4, 2023, Case #: 3:22cv417, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Tort, Business Practices
J. Borman denies a steamship steward assistant's motion to exclude an expert in claims contending he fell from a flight of stairs while carrying sundries because the expert, who had held a Coast Guard officer's license for 40 years, was qualified to opine on ship safety practices.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: August 31, 2023, Case #: 2:21cv10650, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Experts
J. Russell denies in part a boat captain’s motion for summary judgment in a suit alleging negligence against him brought by family members of two men who died while deep sea fishing. The captain did not advise three passengers to wear life vests, one of whom had not fished with him before. A rogue wave hit the boat and a second wave capsized it. One passenger jumped into the water before it flipped and survived, while the captain swam out from underneath it after. However, the other two men drowned. The captain argues that because the men were trapped under the boat, whether they wore life vests or not is irrelevant. However, a reasonable person could assume that the men may have survived had the captain required them to wear life vests.
Court: USDC Maryland, Judge: Russell, Filed On: August 29, 2023, Case #: 1:16cv2695, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death
J. Halpern finds in favor of the fire district against the volunteer firefighter's negligence claim that the fire district is liable for his alleged injury onboard its firefighting vessel, Marine I, while responding to a boat fire on the Hudson River. The fire district is not liable via negligence for the volunteer firefighter's losses arising from the incident, because only 3.8% of his total activities with the fire district involved the Marine I and he was not authorized to operate the Marine I to respond to calls on the Hudson River.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 17, 2023, Case #: 7:21cv2954, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence
J. Slaughter finds in favor of Unocal and Chevron on the family's negligence and premises liability claims stemming from the death of their loved one, who fell from an oil platform and drowned in the Pacific Ocean while performing repair work on the platform. The family does not present sufficient evidence that either Unocal or Chevron controls, owns or operates the platform that collapsed and caused the decedent's death, or that they concealed evidence of the purported water damage defect.
Court: USDC Central District of California, Judge: Slaughter, Filed On: August 14, 2023, Case #: 2:22cv1394, NOS: Marine - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Premises Liability
J. Borman excludes testimony from the engineer in the complaint, which alleges the steward's assistant fell down stairs while carrying a tray on the vessel. Workplace safety regulations are irrelevant to the engineer's opinions on whether carrying the tray created a potentially dangerous condition, and a federal accident prevention manual is inapplicable here because no court has ruled the manual should serve as a standard for unseaworthiness or maritime negligence claims.
Court: USDC Eastern District of Michigan, Judge: Borman , Filed On: August 7, 2023, Case #: 2:21cv10650, NOS: Marine - Torts - Personal Injury, Categories: Maritime
J. Maze denies the Tennessee Valley Authority's motion to dismiss three cases arising from a fire at a dock that resulted in deaths, injuries and property losses. A 1963 indenture agreement, which conveyed certain property from the TVA to the county, is an indemnification agreement, rather than a release.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: July 28, 2023, Case #: 5:22cv15, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Wrongful Death
J. Griggsby grants a commercial contractor its motion to dismiss allegations of admiralty tort brought by a utility company after the contractor began excavation to extend an existing private pier and damaged a buried electrical cable. Because the company fails to establish that the cove in which the damage occurred is a navigable water of the U.S. or that the damage is disruptive to maritime commerce, the complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 12, 2023, Case #: 1:22cv696, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime, Jurisdiction
J. Watson dismisses a former employee of a seafood company’s claims of unpaid wages and injuries sustained on the company’s boat, finding the employee’s contract explicitly states that any lawsuit regarding employment must be be brought in Washington state, regardless of where the employee is hired from. Any possible prejudice against the employee based on delayed payment or out of state travel is made irrelevant by his agreement and subsequent violation of the forum clause of the employment contract.
Court: USDC Hawaii, Judge: Watson, Filed On: June 5, 2023, Case #: 1:23cv4, NOS: Marine - Torts - Personal Injury, Categories: Employment, Maritime, Jurisdiction
J. Mollway denies a motion by the husband of a woman who died during a SCUBA boat tour to make statements made by the captain of the tour to the Coast Guard in a separate administrative action admissible at trial. The captain checking a box on the Coast Guard’s enforcement action does not unambiguously imply admitted liability just due to phrasing used in the “factual allegations” section. Additionally, admission of even a section would require the entire context of the complaint and it has already been ruled by a magistrate judge that the Coast Guard’s administrative action was to be protected from discovery.
Court: USDC Hawaii, Judge: Mollway, Filed On: May 30, 2023, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Evidence, Wrongful Death, Discovery
J. Cabell grants, in part, a company's motion for a protective order limiting the deposition of its principal in an individual's case pertaining to the loss of his eye after he fell onto a fishhook while serving as captain aboard the company's ship. The potentially 14-hour deposition will be limited to a total of 8 hours due to the principal's health difficulties.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 22, 2023, Case #: 1:22cv10408, NOS: Marine - Torts - Personal Injury, Categories: Civil Procedure, Maritime, Negligence