We must decide whether admiralty jurisdiction exists over tort claims by two women who were seriously injured when thrown off a jet-propelled Sea-Doo personal watercraft, allegedly operated negligently, on navigable waters in an area of San Diego’s Mission Bay that is reserved for the use of such vessels. The district court thought not, but we believe both the location of the accident and its co... More...   $0 (06-24-2009 - CA)

Employers in Texas generally do not owe a duty to third parties for the tortious activities of off-duty employees occurring off the work site. Loram Maint. of Way, Inc. v. Ianni, 210 S.W.3d 593, 594 (Tex. 2006). We have recognized a limited exception to this rule when an employer exercises control over the injury-causing conduct of its employee, imposing a duty, for example, when an employer sent ... More...   $0 (06-19-2009 - TX)

In 2004, Tina Garcia filed this action against her insurer, seeking payment of benefits under a disability policy. Over the course of the litigation, the district court concluded that Ms. Garcia “willfully, knowingly, [and] intentionally” fabricated a number of discovery documents in an effort to win her case. Mag. Op. 15; Dist. Ct. Op. 12–14. As a result, in addition to granting Berkshireâ€... More...   $0 (06-10-2009 - CO)

Joses Marshall Laurore appeals from an order dismissing as a sanction for fraud, his single-count negligence action to recover the damages he allegedly sustained in a rear-end automobile collision. While we agree that some of Laurore’s damage claims might properly be stricken, dismissal of the action cannot be justified on the record before us.

According to the complaint and related disco... More...   $0 (06-10-2009 - FL)

The plaintiff, Dean Leavitt, is a police officer for the town of Whitman. While on duty on November 1, 2004, he responded to an emergency report of a pedestrian-automobile accident. On his way to the scene of the reported accident, Leavitt's police cruiser was hit by another vehicle. [FN2] Leavitt was seriously and permanently injured. It subsequently was determined that the pedestrian involved in... More...   $0 (06-09-2009 - MA)

Plaintiffs, Vernon Nelson (Vernon) and John Q. Nelson (John), special administrators of the estate of Eva Nelson (Eva), deceased, appeal from an order of the circuit court of Kane County granting summary judgment in favor of defendant, Aurora Equipment Company (Aurora). This is a case of first impression in Illinois in which plaintiffs ask us to extend a duty in a premises liability case to a pers... More...   $0 (05-29-2009 - IL)

Penni L. Neiberger was a passenger in a pickup truck driven by her husband, John E. Neiberger, when she was injured in a motor-vehicle collision in Colorado on February 19, 2003. The other vehicle was a delivery van driven by defendant Kevin Killman and owned by defendant Dennis Conley. The van was carrying cargo for defendant Fedex Ground Package System, Inc. Mrs. Neiberger appeals an adverse jud... More...   $0 (05-27-2009 - CO)

Walter Huggins filed an action in Missouri state court seeking damages for the injuries that he suffered in a motor vehicle accident. After defendant Teton Transportation, Inc., removed the case to federal district court, Teton and defendant FedEx Ground Package System, Inc., successfully moved for summary judgment. Mr. Huggins and the remaining defendant, Swanston Equipment Company, then filed a ... More...   $0 (05-26-2009 - MO)

This case comes before us on an interlocutory transfer without ruling from the Superior Court (Mangones, J.). See Sup. Ct. R. 9. The question is whether the plaintiffs, Helen Martin and her husband Michael Martin, may maintain negligence and loss of consortium claims against the defendant, Pat’s Peak, Inc. (Pat’s Peak), for injuries Helen Martin sustained while snow tubing at the Pat’s Peakâ... More...   $0 (05-21-2009 - NH)

Robin Jones, by and though her father and guardian ad litem (GAL), Douglas Jones, appeals the circuit court's grant of summary judgment in favor of Enterprise Rent-A-Car (ERAC). Jones asserts ERAC negligently, carelessly, and recklessly entrusted and/or supplied a vehicle to an incompetent, habitually reckless, and otherwise unfit driver. Alternatively, Jones maintains ERAC is the alter ego of i... More...   $0 (05-18-2009 - SC)

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria... More...   $0 (05-15-2009 - KS)

¶1 Elizabeth Quintero (“Quintero”), widow to and personal representative of the estate of Luis Anaya Soto (“Soto”), appeals summary judgment in favor of Matthew and Jane Doe Rodgers. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

¶2 This appeal arose from an automobile accident that occurred when Matthew Rodgers’ (“Rod... More...   $0 (05-12-2009 - AZ)

After Highway Patrol Trooper Michael Newton stopped Michael Nolte for a traffic violation on Interstate 70, Paul Daniel, driving a Trade Winds Distributing, Inc. truck, rammed the highway patrol car in which Newton and Nolte were sitting. The patrol car exploded. Trooper Newton died, and Nolte sustained serious injuries.

In the hotly contested trial of this case – with claims for wrongful... More...   $0 (05-10-2009 - MO)

When a defendant challenges venue, may the circuit court grant leave for the plaintiff to add a party whose presence makes venue proper?

Facts and Background

The writ at issue arises out of a suit for personal injury and wrongful death resulting from a train-car collision that occurred in the state of Louisiana between plaintiffs' car and a train owned by the relator, defendant Kansa... More...   $0 (05-05-2009 - MO)

This suit involves claims of breach of contract and misrepresentation brought by two limited liability companies (“LLCs”), all owned an controlled by a single member, who also brings suit individually, against the seller and manufacturer of a piece of heavy equipment. The plaintiffs appeal from the grant of summary judgment in favor of the defendants.

In simplest terms, this suit is a c... More...   $0 (05-05-2009 - MO)

The case at bar is a class action suit by auto insurance policyholders for breach of contract against their insurance company. Nicholas Smith and Amy and Bryce Johnson, on behalf of themselves and a class of Missouri plaintiffs (collectively “Plaintiffs” or “Class”), appeal the trial court’s grant of defendant American Family Mutual Insurance Company’s (“American Family”) motion fo... More...   $13118325 (05-05-2009 - MO)

Mike's Wrecker Service, Inc. (Mike's ), appeals the district court's decision granting summary judgment in favor of Citifinancial Auto. Inc. (Citifinancial). Citifinancial had a lien on a 2004 Ford Mustang purchased and titled in Nevada. After local police discovered the Mustang abandoned without any tags in Manhattan, Kansas, they called Mike's to tow and store the car. Pursuant to K.S.A. 8-1101 ... More...   $0 (05-01-2009 - KS)

In 2000, two small planes collided while approaching the Waukegan Regional Airport, which is near Lake Michigan north of Chicago, and crashed into a medical center. The planes’ occupants— the pilot and passenger of one, the student pilot of the other—were killed, and the medical center was damaged. When the collision occurred, one plane was approaching the airport, intending to land, and the... More...   $0 (05-01-2009 - IL)

Appellant Williamson County ("the County") brings this interlocutory appeal from the trial court's denial of its plea to the jurisdiction in a suit for property damages resulting from a collision between appellee Dan Voss's vehicle and a tractor owned and operated by the County. The County asserts on appeal that the trial court erred in denying its plea to the jurisdiction because there is no wai... More...   $0 (05-01-2009 - TX)

Respondent Deborah Ann Fackett’s mother, Barbara Testa, suffered severe injuries when her car collided with Benjamin Bellville’s car. Bellville was an underinsured driver, and Testa was insured under her own auto insurance policy. Fackett was insured with appellant Allstate Insurance Company. A few weeks after the accident, Testa died from her injuries. Fackett sued Bellville for the wrong... More...   $0 (04-30-2009 - NV)

A slip on a surface slicked by soapy water, leading to litigation for a claimed back injury, has made its way to this Court. Dennis P. Holley and his wife, Brenda J. Holley (collectively plaintiffs), appeal from the Superior Court’s grant of a motion for summary judgment in favor of the defendant, Argonaut Holdings, Inc. Our inquiry focuses primarily on the duty, if any, owed by a commercial la... More...   $0 (04-30-2009 - RI)

Plaintiffs Binyam Mohamed, Abou Elkassim Britel, Ahmed Agiza, Mohamed Farag Ahmad Bashmilah, and Bisher al- Rawi (“plaintiffs”), appeal the dismissal of this action, brought under the Alien Tort Statute, 28 U.S.C. § 1350, against Jeppesen Dataplan, Inc. (“Jeppesen”), a wholly owned subsidiary of the Boeing Company. Before Jeppesen filed an answer to the complaint, the United States interv... More...   $0 (04-29-2009 - CA)

Defendant Officer Brad Knoblauch appeals the district court’s denial of his motion for summary judgment. For the following reasons, we reverse.

I

On April 29, 2000, Officer Brad Knoblauch (“Knoblauch”) of the Holly Springs Police Department was on a routine late-night/early-morning patrol when he observed Roy Pasco (“Pasco”) driving erratically. Believing Pasco was intoxica... More...   $0 (04-29-2009 - MS)

This case arises out of a collision between a Burlington Northern and Santa Fe Freight (BNSF) train and a truck owned by Dodge City Implement, Inc. (DCI). BNSF filed suit in federal court against DCI and its employee driver, Justin Slattery. After that action was settled, plaintiffs DCI and Slattery pursued this suit against defendants Barber County (County) and Moore Township (Township) under neg... More...   $0 (04-27-2009 - KS)

Plaintiff, Nancy Stamp, brought a personal injury action arising out of a motor vehicle accident and sought a new trial after the jury returned a verdict awarding damages for medical expenses but failing to make an award for pain and suffering or loss of a normal life. The circuit court granted plaintiff’s motion for a new trial on pain and suffering, and loss of a normal life damages limited to... More...   $0 (04-24-2009 - IL)