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Personal Injury
Feds face tort claim over CBP car collision
NEW ORLEANS — The Fifth Circuit found a Texas federal court improperly granted summary judgment in favor of the government after an injured motorist was struck by a vehicle operated by a Customs and Border Protection agent. The court granted summary judgment on the government’s argument that the agent was engaged in union activities at the time of the incident, but no authority was cited that treats union employment differently for the purpose of “course and scope” analysis on vicarious liability claims.
Omaha gas blast settlement
OMAHA, Neb. — During a Zoom court hearing, a lawyer for the special administrator of three estates said they settled with Lennox Industries, one of three defendants sued for wrongful death after the three people were killed in a house explosion allegedly caused by the negligence of Lennox, Thermal Services of Omaha and the Omaha area’s public gas utility. It will be at least 30 days for the settlement documents to be filed with the court. The public utility has already been dismissed as a defendant, so Thermal Services of Omaha remains as the sole defendant.
Judge rejects claims dog pepper-sprayed by mailman caused children's asthma
The family of two children in San Diego claimed a USPS mail carrier repeatedly and maliciously pepper-sprayed their family dog, which resulted in their two young children developing asthma.
Court overturns $1.25 million labeling suit against Roundup
The high court’s ruling comes months before the government is set to release an updated safety review of Roundup’s key ingredient.
Raw dough eater settles suit
COLORADO SPRINGS, Colo. — A man who was hospitalized after eating raw take-and-bake bread dough from a Colorado Springs Walmart settled his lawsuit against the store and the dough’s baker. He had neglected to bake the bread before eating it, resulting in a three-day hospital stay as the dough expanded in his stomach.
27 ecstasy pills found in detainee’s cavity
CHICAGO — A federal court in Illinois declined to dismiss civil rights and negligence claims brought by the guardians of a woman who suffered permanent cognitive damage after allegedly overdosing while in police custody. The family claims at least 16 Chicago police personnel were aware that at least 27 ecstasy pills were inside the detainee’s vagina, but nobody sought medical treatment or warned jail personnel before she went into cardiac arrest hours later. The allegations plausibly show that reasonable officers would have understood the obvious risk of overdose.
Diddy survives Dawn Richard’s federal suit
MANHATTAN — A federal court in New York tossed Danity Kane girl group member Dawn Richard’s lawsuit against Sean “Diddy” Combs. Fifteen of her claims are time-barred, her two copyright claims fail because Diddy was a co-author of the song in question and the court declines to exercise supplemental jurisdiction over the first count for sexual assault. This last claim may be refiled in state court.
Supreme Court says bankruptcy paperwork error shouldn't knock out debtor’s injury suit
The high court considered whether an accidental bankruptcy nondisclosure could sink an Arkansas man’s personal injury lawsuit.
SF landlord accused of murdering tenant hit with civil lawsuit
The estate of Eric Bigone claims that Outer Sunset landlord Philippe Chagniot conspired with his wife to murder Bigone because he refused to vacate a property they were trying to sell.
Pardoned insurrectionist seeks nearly $18 million over pretrial detention conditions
The first person on Jan. 6 to breach U.S. Capitol grounds claims correctional officers viciously beat him to the point of losing consciousness.
Amazon workers had ‘no duty’ to help lone contractor
BATON ROUGE, La. — A federal court in Louisiana granted summary judgment to Amazon on a contract maintenance worker’s negligence, vicarious liability and premises liability lawsuit he filed after he “suddenly lost consciousness and began convulsing on the floor” while working alone in a warehouse. His fall activated a security alarm, but Amazon personnel were absent from their assigned positions, resulting in a half-hour delay in emergency aid, “during which time he repeatedly struck his head and back.” The Amazon employees had “no duty” to come to his aid and the court found no law governing a warehouse owner’s liability for “non-work related medal emergencies experienced by independent contractors on its premises.”