Mary Roser, the mother of Mita Smith, sued Dr. Richard Aizpuru, Elmer L. Kruger, Gretchen A. Moen and St. Paul Radiology, P.A. on a medical negligence theory (medical malpractice) claiming that Ms. Smith's heart was damaged by a combination of local anesthetics and sedatives in excessive amounts caused her death. Plaintiff claimed that her daughter, age 23, had been in good health before undergoi... More...   $220000 (07-03-2009 - MN)

Larry Reece sued Home Depot on a negligence theory claiming that he fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift and hit him. Plaintiff's medical expenses were about $120,000, including surgery to repair herniated discs. Reece claimed that he was not able to return to work in the construction industry because of his injuries.

The defense... More...   $1500000 (07-02-2009 - GA)

Leo R. Villegas sued Roger Williams Medical Center in Providence, Rhode Island on a medical negligence (medical malpractice) theory claiming that hospital personnel failed to exercise due care in caring for him and, as a direct result, he fell out of a hospital bed and fractured a hip. Plaintiffs claimed that hospital personnel failed to activate the bed alarm and failed to properly train its staf... More...   $4990000 (07-02-2009 - )

On the Christmas weekend of 2000, James A. Warshaw, M.D. (Dr. Warshaw) was the on-call attending physician for the defendant, Atwood Medical Associates, Ltd. (Atwood), a medical group serving about 5,000 patients, including the plaintiff, Kenneth J. Gianquitti. Atwood had become involved in Gianquitti’s care in August 2000 for the treatment of a deep-vein thrombosis, or blood clot, that had deve... More...   $0 (07-01-2009 - RI)

We are asked here to determine whether plaintiff‟s suit alleging the negligence of a public-entity health-care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6) involving actions against public entities, and the Medical Injury Compensation Reform Act (MICRA) (Code Civ. Proc., § 340.5) governing medical negligence suits. Patricia Ann Ro... More...   $0 (06-29-2009 - CA)

Randall Young, his wife, and their minor child have asserted health care liability and derivative claims and appeal the district court’s grant of summary judgment in favor of the defendants (collectively, Memorial) on the element of causation. We affirm.

I

Thirty-seven-year-old Randall Young, a Louisiana resident, attended a motocross event at Reliant Stadium in Houston, and during... More...   $0 (06-29-2009 - TX)

Glenda Ann Nixx, age 58, sued BP Chemical on a negligence theory claiming that she sustained disability injuries to her feet when she tripped and fell while walking out of a portable toilet in 2005. She claimed that an improperly installed grate outside the toilet near the BP Chemical docks in Galveston. She claimed that she was no longer able to work as a security guard after the injury and was... More...   $743000 (06-27-2009 - TX)

Carol Salisbury sued Patricia Culver on an auto negligence theory seeking damages for the injuries and damages sustained by her in an auto accident in Centralia, Illinois in May 2005 when Culver ran into the rear of her car.

The defenses asserted by Culver are not available.

The claims made and defenses asserted by the parties are not available.... More...   $8400 (06-26-2009 - IL)

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farm‟s insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena... More...   $0 (06-25-2009 - CA)

The question presented by this case is whether an in-jured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure.Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those dam-ages available under the Jones Act, 46 U. S. C. §30104.We disagree. Historically, punitive damages have beenavailable and award... More...   $0 (06-25-2009 - DC)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo... More...   $0 (06-24-2009 - CA)

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)

This appeal presents the question, inter alia, of whether the charitable gift annuities sold in this case were investment contracts under federal securities law. We conclude they were, and we affirm the judgment of the district court.

I

Not only did Robert Dillie promise his investors “a gift for your lifetime and beyond,” he pledged “preservation of the American way of life,â€... More...   $0 (06-24-2009 - AZ)

This Court’s opinion reversed the trial court’s judgment for loss of inheritance damages and affirmed the jury’s award of exemplary damages. 271 S.W.3d 238, 257. No other damages were challenged in the appeal. After the mandate issued, Petitioner Columbia Medical Center tendered the amount for damages affirmed in our opinion and judgment along with post-judgment interest accrued, but the Hog... More...   $0 (06-19-2009 - TX)

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)

This is a Title VII suit for sexual harassment and retaliation. Priscilla Huston appeals from a grant of summary judgment in favor of her former employer, Procter & Gamble Paper Products Corporation (P&G). Huston’s appeal hinges on whether two P&G employees qualify as “management level” so that their knowledge may be imputed to P&G for purposes of liability under Title VII. The United States... More...   $0 (06-19-2009 - PA)

In a single issue, Appellants Charles L. Baxter and Sharon G. McPherson appeal the trial court's order granting a no-evidence summary judgment for Appellee Sharonda A. Brown. We affirm.

II. Factual and Procedural History

On October 2005, Brown struck Baxter and McPherson's son Evan with her vehicle as he crossed the street. Evan died from injuries sus... More...   $0 (06-18-2009 - TX)

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

The plaintiff sued the defendant, Beverly Enterprises-Massachusetts, Inc. (Beverly), for serious injuries sustained when the plaintiff was hit by a car driven by Beverly employee John Ahern. At the time of the accident, Ahern was intoxicated and had just left a restaurant where he had been drinking alcoholic beverages while meeting with his work supervisor. Ahern was arrested for, and convicted of... More...   $0 (06-18-2009 - MA)

Robert Roby sued John M. Bethea and Government Employees Insurance Company (GEICO) on auto negligence theories.

The claims made and defenses asserted are not available.... More...   $1 (06-16-2009 - OK)

Sylvian Purcell sued Janie Olson on an auto negligence theory.

The claims made and defenses asserted are not available.... More...   $0 (06-16-2009 - )

Carol Paselk, proceeding pro se, (1) appeals the final judgment awarding $100,000.00 in attorney's fees to David and Pat Rabun. Paselk and Reynolds filed suit August 23, 2005, against the Rabuns for negligence, nuisance, trespass, gross negligence, and negligence per se. Paselk and Reynolds alleged the dairy farm owned and operated by the Rabuns discharged approximately "90,000 gallons of thick, ... More...   $0 (06-16-2009 - TX)

This certified appeal1 arises from an action brought by the plaintiff, James E. Sullivan, as administrator of the estate of his deceased son, James P. Sullivan (decedent), against the named defendant,2 Metro-North Commuter Railroad Company, for the wrongful death of the decedent resulting from the defendant’s alleged negligence in failing to provide and maintain adequate security at one of its t... More...   $0 (06-16-2009 - CT)

The plaintiff, Robert Shappy, appeals from the Superior Court’s grant of motions for summary judgment entered in favor of the defendants, Downcity Capital Partners, Ltd. and RESOL, LLC (collectively defendants).1 Before this Court, the plaintiff contends that the issue of whether he was negligent when he signed a quitclaim deed that conveyed property to his son-in-law, Douglas P. Cataldo, is a q... More...   $0 (06-16-2009 - RI)