174 results for 'nos:"Motor Vehicle - Torts - Personal Injury"'.
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Damages, Experts
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
J. Ray grants the company's motion for leave to amend an answer to the driver's action arising from spinal injuries he suffered in a car collision with the company's truck driver. The driver's motion to strike the company's notice of non-party fault is denied. The driver had notice that the company was likely to pursue a defense of non-party fault regarding the decision by the driver's doctor to perform a surgery on the driver which the company's expert deemed unnecessary.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: April 22, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Wrongful Death
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort, Discovery
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J. Morgan denies summary judgment to a pest control company and its employee who allegedly hit a bicyclist while trying to park in New Orleans’ historic French Quarter. The company argues the bicyclist was peddling the wrong way on the street, adding he is solely at fault for the accident and his injuries. However, a partial ruling would not settle the question of liability and other issues, such as whether the cyclist bears any blame for the accident and his injuries.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 15, 2024, Case #: 2:22cv3870, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Negligence
J. Hall grants the county's, sheriff's and board of commissioners' motion to dismiss the widower's civil rights action arising from his wife's death in a car collision with a deputy. The deputy was driving at fast speeds to respond to an emergency call. The county had no authority to control the deputy and therefore cannot be held liable under a theory of supervisory liability for his actions. The deputy and the sheriff are entitled to immunity from the widower's civil rights claims.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 9, 2024, Case #: 1:23cv112, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Rights, Negligence
J. Roman grants a vehicle manufacturer’s motion to dismiss. A consumer brought suit against the manufacturer of 2022 Ram 1500, Ram 2500 and Ram 3500 Chassis Cab Vehicles with gross vehicle weight rating of less than 10,000 pounds. The consumer argues the vehicles were built with a defective rearview camera system that causes them to function intermittently or completely fail, and as a result the vehicles have diminished value and decreased performance. But the court finds the consumer suffered no injury in this matter as the manufacturer voluntarily participated in a recall for the issue, administered by the National Highway Traffic Safety Administration, so that any consumer with that vehicle could have the issue resolved completely at no cost. Dismissed.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 8, 2024, Case #: 22cv9993, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Warranty
J. Toliver granted a motion to dismiss negligent hiring, training and retention claims made by a motorist who was hit by a tractor-trailer when it crossed over the highway centerline. The motorist did not provide evidence that the employer had failed to provide training beyond what a potential employee might be reasonably expected to know, such as the basic rules of the road. The motorist is granted leave to amend.
Court: USDC Northern District of Texas , Judge: Toliver, Filed On: April 5, 2024, Case #: 3:24cv114, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Tort, Negligence
J. Vitter grants summary judgment to a transportation company involved in moving large steel containers by truck, rail and ship, finding a truck driver has failed to present proof the company played a role in loading a container that caused the operator’s truck to tip over, resulting in his injuries.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: April 4, 2024, Case #: 2:23cv797, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Discovery
J. Morales finds that a company involved in a transportation contract, who did not employ the driver or own the truck involved in a fatal collision, is liable as a “statutory employer” for damages resulting from the collision. The fact that there are other liable employers involved in the contract does not insulate the company from liability. The court grants the suing party, family of the deceased motorist, summary judgment the regarding statutory liability claim.
Court: USDC Southern District of Texas, Judge: Morales, Filed On: March 29, 2024, Case #: 2:19cv94, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Transportation, Vehicle, Wrongful Death
J. Royal grants the defendant company's motion for partial summary judgment on the plaintiff's direct liability claims arising from a hit-and-run motor vehicle accident involving an 18-wheeler that hit plaintiff's car and kept on driving. The defendant company is entitled to summary judgment on the plaintiff's claims for negligent hiring, retention, training, supervision, and entrustment
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 29, 2024, Case #: 3:21cv119, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle
J. Meyer remands a case in which a resident filed a claim in state court against a railroad for blocking automobile traffic for excessive periods of time. The railroad removed the case to federal court based on diversity jurisdiction. The claim does not meet the $75,000 requirement for federal diversity jurisdiction, so the judge returns this case to state court.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 28, 2024, Case #: 3:23cv990, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Transportation, Jurisdiction
J. DeGravelles denies summary judgment to the Kansas City Southern Railway Company, finding a motorcyclist has adequately alleged the railroad failed to properly inspect a railroad crossing, resulting in his single-vehicle accident with injuries. According to regulations, the railroad must conduct an inspection of railroad track crossings once a month. In the motorcyclist’s case, the railroad’s own exhibits prove that on-foot inspections “never occurred.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 26, 2024, Case #: 3:20cv309, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Jury, Transportation
J. Corrigan, in an order applied to several different and otherwise apparently unconnected personal-injury cases with disputes over whether the amount in controversy exceeds the $75,000 minimum for federal courts to exercise diversity jurisdiction, finds that the estimates of amounts in controversy required by Florida's civil cover sheet on its own are not sufficient to satisfy a defendant's burden to demonstrate that the minimum amount in controversy is satisfied by a preponderance of the evidence. One of the four cases is remanded after application of this principle. Jurisdiction has been properly invoked in another, and the defendants in the two remaining cases are ordered to file jurisdictional supplements.
Court: USDC Middle District of Florida, Judge: Corrigan, Filed On: March 25, 2024, Case #: 3:23cv869, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Isaac grants in part a transportation company’s motion for a protective order in a suit on negligence claims filed by an employee who was harmed when driving a tractor. For instance, the motion is partly granted as to the specified topic regarding the company's answers to interrogatories, and it is fully granted as to the topic regarding the deposition testimony of the defendant driver.
Court: USDC Southern District of Mississippi , Judge: Isaac, Filed On: March 25, 2024, Case #: 3:22cv251, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Negligence, Discovery
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Negligence, Jurisdiction
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Wrongful Death
J. Brailsford denies the government's motion to exclude expert reports and testimony in a personal injury suit brought by an individual who suffered injuries in a car collision with a government employee driving a government-owned car. The individual's vocational economic consultant's "opinions are founded on sufficient facts and data as articulated in his report." The licensed psychologist may testify that the individual "suffers from major depressive disorder with anxious distress" and that he "has somatic symptom disorder."
Court: USDC Idaho, Judge: Brailsford, Filed On: March 14, 2024, Case #: 1:21cv97, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts
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. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts, Discovery
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Discovery