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Car Accident Law
 
Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

ANTHONY R. BORKOVEC vs. DISH NETWORK CORPORATION and GALLAGHER BASSETT SERVICES, INC

On July 26, 2009, a drunk driver crossed the centerline and hit Borkovec’s
vehicle head-on. The crash resulted in significant work-related injuries to Borkovec
and killed the other driver’s son. Borkovec’s right femur, patella of his right knee,
and right heel bone were fractured; he suffered contusions to his chest, broken
ribs, and nerve damage in his right knee and foot. ... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Benjamin Poehlmann v. The State of Texas

On December 25, 2014, San Antonio police officers responded to a 9-1-1 call, reporting a
shooting in progress at a home where Poehlmann, his girlfriend Roxann Sanchez, and his sister
Christina lived. Poehlmann and Roxann lived in an addition to the house, which was located next
to the kitchen of the main house and could only be accessed from the kitchen. The addition was
comp... More...
   $0 (05-16-2018 - TX)

Elizabeth A. Clemons v. Norton Healthcare, Inc. Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This appeal is the latest installment in an ERISA litigation
saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff–
Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan (“Norton”) underpaid
them under the terms of the plan. The district court found that the plan was unambiguous in the
Retirees’ favor. We agree with the dis... More...
   $0 (05-16-2018 - KY)

Kerrie Reilly v. Marin Housing Authority

Kerrie Reilly lives with her severely disabled adult daughter in housing subsidized
by the Marin Housing Authority (MHA). The family participates in the Housing Choice
Voucher program, commonly known as Section 8, which MHA administers according to
the rules and regulations of the United States Department of Housing and Urban
Development (HUD). As a Section 8 participant, Kerrie Re... More...
   $0 (05-16-2018 - CA)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

ALVIN ARTEAGA vs STATE OF FLORIDA

Alvin Arteaga appeals from a final order denying his motion and amended motion for postconviction relief. Some of the claims in these motions were denied after an evidentiary hearing, while others were denied summarily. We affirm the denial of all
- 2
but one claim without comment. We reverse the summary denial of a single claim for ineffective assistance of counsel based on trial cou... More...
   $0 (05-14-2018 - FL)

STATE OF OHIO vs. GREG RUCKER

In 2016 Rucker and codefendant Nicholas Kraft were charged with three
counts of aggravated robbery, three counts of kidnapping and one count of having
weapons while under disability. Kraft plead guilty to two counts of aggravated robbery1
and agreed to testify against Rucker. The case against Rucker proceeded to a jury trial.
{¶3} Evidence was presented that between 3:30 a.m.... More...
   $0 (05-14-2018 - OH)

State of Ohio v. George Barton

Appellant, George Barton, sets forth the following three assignments of
error:
I. The trial court erred to the prejudice of appellant in denying his
Crim.R. 29 motion.
II. The court’s verdict was against the manifest weight of the
evidence.
III. Appellant received ineffective assistance of counsel.
{¶ 4} The following undisputed facts are relevant to this appe... More...
   $0 (05-14-2018 - OH)

Mark Burns v. Daniel P. Martuscello, Jr., et al. Northern District of New York Federal Courthouse - Syracuse, NY

12 Plaintiff‐Appellant Mark Burns appeals from a February 10, 2015 decision
13 and order of the United States District Court for the Northern District of New
14 York (Kahn, J.), adopting the report‐recommendation of the magistrate judge
15 (Hummel, M.J.) in its entirety, and granting summary judgment to defendants.
16 Burns brought several Section 1983 claims, alleging ... More...
   $0 (05-14-2018 - NY)

STATE OF OHIO v. TANNER D. HOPKINS

This case arises from the January 13, 2015 assault suffered by Chaenin
Taylor. At the time of the assault, Taylor was seven-months pregnant. As a result of
the assault, the fetus died.
{¶ 3} Following an investigation, Hopkins was indicted on one count of murder
(purposeful) in violation of R.C. 2903.02(A), one count of involuntary manslaughter in
violation of R.C. 2903... More...
   $0 (05-13-2018 - OH)

Christopher Alexander v. Scripps memorial Hospital La Jolla

This case raises issues concerning the legal obligations imposed on health care
providers when a patient's health care directives conflict with the providers' opinions that
the requested care would be medically ineffective and may cause harm. Elizabeth
Alexander, a 70-year-old woman suffering from end-stage terminal pancreatic cancer,
died four days after she was transferred from a... More...
   $0 (05-13-2018 - CA)

Treveia Shawna McCurdy v. The State of Texas

Appellant entered a chain store that sold home goods. Using cash, appellant
purchased a handbag for $179.99 and two rugs, each priced at $399.99. Appellant’s total purchase amounted to $1,060.82. Appellant left the store with the handbag, but left the two rugs sitting towards the front of the store. About ten minutes later, appellant came back to the store and returned the purse and the t... More...
   $0 (05-12-2018 - TX)

State of Alaska v. Mark Anthony De Simone Juneau Alaska Courthoure

Juneau, AK - The State of Alaska charged Mark Anthony De Simone with first-degree murder for killing Duilio Antonio "Tony" Rosales at a remote fishing cabin on a hunting and fishing trip in 2016.

It was not disputed by Desimone shot Rosales, but he claimed it was an accident.

Docket Entries:

05/16/2016 Initial Charging Document Initial Charging Document Filed
05/17/... More...
   $0 (05-12-2018 - AK)

Christopher Ryan Wall v. The State of Texas

Rita Deysarkar was critically injured on February 6, 2015 in a collision involving appellant.
Appellant was travelling at a speed of more than 110 mph in a 40 mph speed zone when he hit
Deysarkar’s vehicle near the driver’s side door as she was driving through an intersection. Four
hours after the crash, appellant’s blood-alcohol content was .11.
Several witnesses testified a... More...
   $0 (05-10-2018 - TX)

Derrick Black v. Ferrellgas, Inc. and Jimmy Childs Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

¶1 Plaintiff Derrick Black appeals the trial court's March 22, 2016, Journal Entry of Judgment, entered on a jury verdict, in Plaintiff's vehicle negligence case. Based on our review of the facts and applicable law, we affirm the judgment.

BACKGROUND

¶2 Plaintiff was severely injured on March 6, 2009, in a single-vehicle, non-contact accident, when he struck a curb while riding h... More...
   $0 (05-09-2018 - OK)

Lenworth Bailey v. Rocky Mountain Holdings, LLC, Air Methods Corporation United States District Court for the Southern District of Florida - Miami, Florida

The Airline Deregulation Act (“ADA”) provides that “a State, political
subdivision of a State, or political authority of at least 2 States may not enact or
enforce a law, regulation, or other provision having the force and effect of law
related to a price, route, or service of an air carrier.” 49 U.S.C. § 41713(b)(1).
This language expresses a broad preemptive intent that encompass... More...
   $0 (05-09-2018 - FL)

Bruce K. Pond v. State of Indiana

The facts, as stated in Pond’s direct appeal, follow:
On July 22, 2011, Pond was drinking beer with his son Blake and a family friend on the back porch of his mother’s house in Ossian, Indiana. Pond became annoyed with a light shining from the pier of a neighboring pond. Matt Michuda (Michuda) along with his four year old son Jacob and two friends were fishing off the pier. Pond went insid... More...
   $0 (05-09-2018 - IN)

State of Tennessee v. Andrew Young Johnson Tennessee Court of Criminal Appeals

In 1998, a Sullivan County Criminal Court jury convicted the petitioner of one count of attempted first degree murder and one count of felony reckless endangerment. This court affirmed the convictions and accompanying 25-year sentence on direct appeal. State v. Andrew Young Johnson, No. E1999-00002-CCA-R3-CD, (Tenn. Crim. App., Knoxville, Apr. 18, 2000). The crimes in this case came on the tail... More...   $0 (05-09-2018 - TN)

STATE OF KANSAS v. KILEY ANN GUENTHER

Kiley Ann Guenther appeals from a judgment of the trial court revoking her probation in two cases—Wyandotte County case Nos. 14 CR 0535 and 14 CR 1157. She argues that her conduct on probation merited imposition of intermediate sanctions instead of imposition of her underlying sentences. We acknowledge that a trial court is statutorily required to consider the use of a lesser sanction before revok... More...   $0 (05-07-2018 - KS)

Christroyvius DeJuan Mason v. The State of Texas

On the day of the incident, Mason and his brother, Parris Hughes, were assisting their close
friends, Grundy and Grundy’s brother, Dewey Hale, in moving out of their then-current residence
in Paris, Texas. A squabble between Grundy and Mason arose because Grundy accused Mason of
having stolen a gold medallion necklace from him. The squabble escalated quite quickly and
Mason s... More...
   $0 (05-07-2018 - TX)

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