News and Media
Simmons and Fletcher, P.C. provides the following legal news and case summaries as a courtesy to our community and visitors. We hope you find the information here helpful.
Injury & Tort Law
Smith v. US
In a Federal Tort Claims Act (FTCA) action by a prisoner exposed to asbestos, the complaint's dismissal is affirmed in part, where: 1) an FTCA claim can only be brought against the U.S.; and 2) an FTCA action is precluded where the Inmate Accident Compensation Act (IACA) applies. Judgment is reversed in part, where the IACA is not the exclusive remedy for claims against officials in their individual capacities.
McLean v. N.Y.
In an action for negligent supervision of a day care center by Defendant city, the denial of Defendant's motion for summary judgment is reversed, where there was no special relationship between Plaintiff and the city that would permit a tort action.
Jaramillo v. Weyerhaeuser Co.
On a certified question from the U.S. Court of Appeals for the Second Circuit, the N.Y. Court of Appeals held that Defendant company that sold one of its used machines (itself purchased used) to a different company could not be held strictly liable for a workplace accident involving that machine, because Defendant was a casual seller.
Hertz v. US
In an action alleging negligence by an FAA air traffic controller, the dismissal of the complaint based on the statute of limitations is affirmed, where Plaintiff was on notice that the crash at issue was caused by negligence but did not file suit until the expiration of the two-year limitations period.
Cadlo v. Metalclad Insulation Corp.
In a dispute over prejudgment interest of a damage award, trial court's judgment is affirmed where defendants are jointly and severally liable for prejudgment interest on the judgment rather than individually liable under Civil Code section 3921.
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