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Collision Law
 
State of Vermont V Matthew Webster Vermont Judiciary

Defendant claims errors related to various stages of the proceedings, and the facts
common to all of his claims are as follows. During the afternoon of September 25, 2013, defendant
was involved in an argument with his then-wife over defendant’s continuing contact with another
woman, with whom he had been having an affair for about a year. Defendant’s wife had been
aware of t... More...
   $0 (11-03-2017 - )

STATE OF NEW JERSEY v. CARLOS B. GREEN

The State appeals after leave granted from a October 31, 2016
interlocutory order prohibiting the admission of defendant's two
prior driving while intoxicated (DWI) convictions, N.J.S.A. 2C:11
APPROVED FOR PUBLICATION

October 20, 2017

APPELLATE DIVISION

October 20, 2017


2 A-1809-16T1

5(a), to prove that defendant acted reckl... More...
   $0 (11-02-2017 - )

Ellen Frazier v. The City of Shreveport, State Farm Fire and Casualty Company and Art R. Patterson COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

Ellen Frazier and Art Patterson were employed by the City of
Shreveport in the Airfield Maintenance Division, which is located at the
Shreveport Regional Airport. Frazier and Patterson worked the hours of 8
a.m. to 5 p.m., Monday through Friday. On January 22, 2013, shortly before
5 p.m., a low-impact collision occurred in the employee parking lot when
Patterson backed a... More...
   $0 (10-30-2017 - LA)

The People of the State of New York v. Sean Garvin

In this case, we are asked to overrule our prior
decisions holding that a warrantless arrest of a suspect in the
threshold of a residence is permissible under the Fourth
Amendment, provided that the suspect has voluntarily answered the
door and the police have not crossed the threshold. We decline
to do so, and now reaffirm our longstanding rule.
I.
Defendant was convic... More...
   $0 (10-24-2017 - NY)

Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two... More...
   $0 (10-24-2017 - OK)

Gisselle Morales-Simental, a Minor, etc. v. Genentech, Inc.


I. INTRODUCTION
Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al.1
appeal from
summary judgment granted in favor of defendant and respondent Genentech, Inc., one of
the defendants in this personal injury case. Morales-Simental alleges that she, with the
other named plaintiffs, suffered injuries and sustained damages as a result of the
negligence of d... More...
   $0 (10-20-2017 - CA)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

United States of America ex rel., Joshua Harman v. Trinity Industries, Inc.; Trinity Highway Products, LLC Fifth Circuit Court of Appeals - New Orleans, Louisiana

The trial in this case offers two narratives. One of a hardworking man
who, angered by failures of guardrails installed across the United States—with
sometimes devastating consequences—persuaded a Texas jury of a concealed
cause of those failures. The other of the inventive genius of professors at Texas
A&M’s Transportation Institute, who, over many years of study and testing,
... More...
   $0 (10-04-2017 - TX)

Michael Souryavong v. Lackawanna County Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. While some players thought that Sheldon may have been exhibiting concussion-like symptoms, he was sent back into the practice session by his Coach, Appellee Chris Walkowiak. After being returned to practice, Sheldon suffered another violent collision and was... More...   $0 (10-03-2017 - PA)

State of California v. Continental Insurance Company

Deputy Attorney General; Law Offices of Roger W. Simpson and Roger W. Simpson for
Plaintiff and Respondent.
This is an action by the State of California (State) to recover from various insurers
the costs of cleaning up the Stringfellow hazardous waste site. It has been pending since
1993. It has been to this court three times and to the California Supreme Court twice. At
this p... More...
   $0 (10-02-2017 - CA)

Heartland Express, Inc. of Iowa v. Mark Farber Duval County Courthouse - Jacksonville, Florida

Appellant, Heartland Express, Inc. of Iowa, appeals a final judgment entered in favor of Appellee, Mark Farber, as Limited Guardian of the Property of Juan Torres, and the trial court’s order granting a new trial. Appellant contends that the trial court erred in granting summary judgment on the issues of negligence and contributory negligence, in denying its motion for a directed verdict on the is... More...   $0 (10-01-2017 - FL)

Southern-Owners Insurance Company v. Easdon Rhodes & Associates, L.L.C., et al. Northern District of Florida Federal Courthouse - Tallahassee, Florida

This case arises from a dispute over the scope of the insurance coverage provided by a standard form Hired Auto and Non-Owned Auto Liability Endorsement to a corporate general liability insurance policy (the “Endorsement”) issued by Southern-Owners Insurance Company (“Southern-Owners”) to Easdon Rhodes & Associates, LLC (“Easdon Rhodes”). Following an auto accident involving one of its members, Jo... More...   $0 (10-01-2017 - FL)

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

State of Oklahoma v. Montez Eugene Davis Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Man Convicted Of Running Over His Uncle In A Parking Lot and Leaving The Scene

The State of Oklahoma charged Montez Eugene Davis, age 24, with:

Count # 1. Count as Filed: HR1, LEAVING SCENE OF FATALITY COLLISION, in violation of 47 O.S. 10-102.1
Date of Offense: 05/06/2017
Party Name Disposition Information
DAVIS, MONTEZ EUGENE Disposed: DEFERRED, 09... More...
   $0 (09-28-2017 - OK)

Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Limited and Land O'Lakes Inc v. Packerland Whey Products Inc et al.

Between 2006 and 2012
Packerland Whey Products, Inc., deceived at least one of its
customers about the protein content of a product called
Whey Protein Concentrate. Whey, the watery part of milk
that remains after the removal of curds, is rich in protein.
Removing whey’s nonprotein components generates a concentrate
that can be used in other products. Land O’Lakes,
Inc.... More...
   $0 (09-07-2017 - )

Elizabeth Fret v. Melton Trucklines, Inc. and Darrell Edmond Fifth Circuit Court of Appeals - New Orleans, Louisiana

In this appeal, Elizabeth Fret (“Fret”) contends the district court erred in granting summary judgment in favor of Melton Truck Lines (“Melton”) and Darrel Edmond (“Edmond”). Because the summary judgment burden never
shifted to Fret with regard to Fret’s simple negligence claim, we REVERSE the
judgment on the simple negligence and respondeat superior claims and
REMAND those claims only... More...
   $0 (09-06-2017 - TX)

Nickolas Lee Sharp v. Kelly Lynn Witworth

¶1 Defendant/Appellant Kelly Lynn Whitworth (Defendant) appeals the trial court's order granting, in part, Plaintiff/Appellee Nickolas Lee Sharp's (Plaintiff) motion for new trial. Below, the jury found in favor of Plaintiff on liability, but did not award any damages. The trial court ordered a new trial on damages only, but directed the parties to meet and confer regarding their willingness to re... More...   $0 (09-05-2017 - OK)

Erika Grotheer v. Escape Adventures, Inc.

Plaintiff and appellant Erika Grotheer is a non-English speaking German citizen
who took a hot air balloon ride in the Temecula wine country and suffered a fractured leg
when the basket carrying her and seven or eight others crash landed into a fence.
Grotheer sued three defendants for her injuries: the balloon tour company, Escape
Adventures, Inc. (Escape), the pilot and Escape’s ... More...
   $0 (09-01-2017 - CA)

Kim Pearson v. Danny Ryan Sac and Nicole Brown

Tulsa, OK - Personal injury lawyer Mark Miller represented Kim Pearson who sued Danny Ryan Sac and Nicole Brown on negligence theories:

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: PEARMAN, KIM
Filed Date: 04/05/2016
Party Name Disposition Information
Defenda... More...
   $0 (08-31-2017 - OK)

Lena Davenport v. Borough of Homestead, et al.

On an early Sunday morning in January 2013, Lena
Davenport was riding in the front passenger seat of a vehicle
driven by her son Donald Burris, Jr. After running a red light
and refusing to pull over, Burris led police officers on a
nearly five-mile low speed pursuit into the City of Pittsburgh.
As the pursuit entered an area with high pedestrian traffic,
City of Pittsburgh... More...
   $0 (08-29-2017 - PA)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Melissa Patino-Perez, Individually and as Representative of the Estate of Marcelino Patino, Maria Patino-Perez and Ector Patino v. Nicholas K. Howland

Appellants, Melissa Patino-Perez, individually and as representative of the estate of Marcelino Patino, Maria Patino-Perez, and Ector Patino (collectively, “the Patinos”), challenge the trial court’s judgment, rendered after a trial to the court, in their suit for negligence and wrongful-death1 against appellee, Nicholas K. Howland. In four issues, the Patinos contend that the evidence is factuall... More...   $0 (08-22-2017 - TX)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain ... More...   $0 (08-21-2017 - PA)

Janette Hampton v. Barbara Miskell

Appellant Janette Hampton sued appellee Barbara Miskell to recover damages for injuries she sustained in a motor vehicle accident. A jury found Miskell’s negligence proximately caused the accident, but awarded Hampton only a fraction of the damages she sought. In a single issue, Hampton contends the trial court abused its discretion by allowing expert testimony about the speed Miskell’s vehicle wa... More...   $0 (08-21-2017 - TX)

Hercules Darnell Lawton v. The State of Texas

Following an open plea of guilty, Appellant, Hercules Darnell Lawton, was
convicted of possession of marihuana in an amount of four ounces or more but less
than five pounds, a state jail felony.1 Punishment was assessed at two years
confinement, suspended in favor of five years community supervision, and a $5,000
1
TEX. HEALTH & SAFETY CODE ANN. Â... More...
   $0 (08-16-2017 - TX)

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