Miles v. General Motors

Miles v. General Motors

Plaintiff:	James Everett Miles
Defendant:	General Motors
Case Number:	1:2018cv03589
Filed:	April 20, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Jesse M. Furman
Nature of Suit:	Other Civil Rights
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 14, 2018	Filing 13 MEMORANDUM OPINION AND ORDER. In short, there is no basis to reconsider the Court's April 12th Order, and Mr. Miles's new complaint is dismissed with prejudice. The Court is not without sympathy for Mr. Miles given the nature of his in juries. Unfortunately, it is not enough for him to allege that he was in an accident in which his airbags failed to deploy and that he was injured as a result. He must also be able to allege that his airbags failed to deploy for reasons that would render New GM liable for his injuries. Because he cannot do so, he has no valid claims against New GM. This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order wou ld not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close 18-CV-3589 and to mail a copy of this Memorandum Opinion and Order to Mr. Miles. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/2018)*** Party James Everett Miles terminated in 14-md-2543. Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-03589-JMF(anc) Modified on 6/14/2018 (anc).

Date Filed

Document Text

June 14, 2018

Filing 13 MEMORANDUM OPINION AND ORDER. In short, there is no basis to reconsider the Court's April 12th Order, and Mr. Miles's new complaint is dismissed with prejudice. The Court is not without sympathy for Mr. Miles given the nature of his in juries. Unfortunately, it is not enough for him to allege that he was in an accident in which his airbags failed to deploy and that he was injured as a result. He must also be able to allege that his airbags failed to deploy for reasons that would render New GM liable for his injuries. Because he cannot do so, he has no valid claims against New GM. This Court certifies, pursuant to Title 28, United States Code, Section 1915(a)(3), that any appeal from this Memorandum Opinion and Order wou ld not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close 18-CV-3589 and to mail a copy of this Memorandum Opinion and Order to Mr. Miles. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/2018)*** Party James Everett Miles terminated in 14-md-2543. Filed In Associated Cases: 1:14-md-02543-JMF, 1:18-cv-03589-JMF(anc) Modified on 6/14/2018 (anc).

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Plaintiff: James Everett Miles
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Defendant: General Motors
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