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Construction Law
 
William Plante, Sr. v. Charlotte Hungerford Hospital

In this appeal, we consider the circumstances under which the accidental failure of suit statute, General Statutes § 52-592 (a),1 may save an otherwise time barred medical malpractice action commenced after the dismissal of a prior action pursuant to General Statutes (Rev. to 2005) § 52-190a, as amended by Public Acts 2005, No. 05-275, § 2 (P.A. 05- 275),2 for failure to attach to the complaint... More...   $0 (02-08-2011 - CT)

Richard Bennett, Jr. v. New Milford Hospital, Inc.

In this certified appeal, we consider two significant issues that have arisen under General Statutes (Rev. to 2005) § 52-190a, as amended by Public Acts 2005, No. 05-275, § 2 (P.A. 05-275),1 namely: (1) whether a surgeon, who likely would be qualified to testify as an expert witness at the trial of a medical malpractice action against a specialist physician pursuant to subsection (d) of General ... More...   $0 (02-08-2011 - CT)

Constance Hughes v. United Air Lines, Inc.

United Air Lines recalled flight attendant Constance Hughes from furlough in October 2004. Physically unable to work, she commenced a medical leave. The collective bargaining agreement between United and the flight attendants’ union permits workers to retain seniority for three years of injury or illness. When that time was almost up, United told Hughes that she must report to duty. The airline... More...   $0 (02-08-2011 - IL)

Jordan-Arapahoe, LLP v. Board of County Commissioners of the County of Arapahoe

Jordan-Arapahoe, LLP, and Jacob Mazin Company, Inc. (together Jordan- Arapahoe) own land in Arapahoe County, Colorado that they intended to develop for use as a car dealership and sell to CarMax, Inc. Learning of the planned development, the Arapahoe County Board of County Commissioners rezoned the land, thwarting the sale.

Jordan-Arapahoe sued under 42 U.S.C. § 1983, claiming Arapahoe Cou... More...
   $0 (02-08-2011 - CO)

Kirby Vickers v. Pamela K. Lowe, P.C.

Kirby Vickers challenges the Idaho Transportation Department’s (ITD) decision to grant his neighbor, Dr. Edward Savala, a permit to expand an encroachment onto Highway 55. This permit is conditioned on Dr. Savala implementing certain additional safety features. Vickers claims that the ITD is not authorized to issue conditional-encroachment permits and that the new approach would impermissibly de... More...   $0 (02-08-2011 - ID)

The City of Cayce v. Norfolk Southern Railway Company

The City of Cayce ("City") cited Norfolk Southern Railway Company ("Norfolk") for violating a public nuisance ordinance, Cayce, SC, Code § 28-251. The citation was based on the condition of one of Norfolk's bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was p... More...   $0 (02-07-2011 - SC)

Town of Coventry v. Baird Properties, L.L.C.

This case came before the Supreme Court on October 27, 2010, pursuant to an order directing the parties to appear and show cause why the issues in this appeal should not summarily be decided. The defendant, Baird Properties, LLC (defendant or Baird) appeals from: (1) a Superior Court order enjoining the defendant and “its member,” Michael Baird, from harassing the intervenors, James and Lee St... More...   $0 (02-07-2011 - RI)

The Estate Of Ashlie Bunch: Amy Kozel v. Mcgraw Res. Ctr D/b/a Seattle Children's Home

Amy Kozel appeals the trial court’s order denying her motion to intervene in this wrongful death of a child action by Steven Bunch, the personal

During their marriage, Steven Bunch and Amy Kozel adopted Ashlie and her younger sister. Bunch and Kozel were then residing in Florida. They divorced in 2001, three years after the two adoptions.

Thereafter, Bunch moved to Washington. Ashl... More...
   $0 (02-07-2011 - WA)

Monika Johnson v. Recreational Equipment, Inc.

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller’s brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault d... More...   $0 (02-07-2011 - WA)

Leroy Bushnell v. Medico Insurance Company

Leroy Bushnell, as the personal representative of the Estate of Evelyn Bushnell (Bushnell), appeals summary judgment dismissal of the lawsuit against Medico Insurance Company of Nebraska (Medico) for denial of coverage under a nursing care insurance policy issued to Evelyn Bushnell in 1987. Medico denied Bushnell’s claim for nursing care benefits on the grounds that the three-day prior hospitali... More...   $0 (02-07-2011 - WA)

Christine L. Brown v. Fred F. Brown

Fred Brown appeals the trial court’s denial of an award of fees and costs in a trial de novo appeal of a mandatory arbitration decision on spousal maintenance. Because recent amendments to the mandatory arbitration of civil actions statute, chapter 7.06 RCW make such an award mandatory “against a party who appeals the award and fails to improve his or her position on the trial de novo,” we r... More...   $0 (02-07-2011 - WA)

Nancy Anders v. Meritage Homes of California, Inc.

In response to a motion by real party in interest (real party), the trial court issued an order that included a requirement that petitioners comply with the statutory procedures ordinarily imposed on homeowners as a prerequisite to filing an action against a builder to remedy construction defects. Petitioners seek a writ of mandate directing the trial court to vacate its order and instead enter an... More...   $0 (02-07-2011 - CA)

Dustin Oldham v. Glenda Oldman

{1} This case requires us to interpret and harmonize potentially conflicting provisions within our domestic relations, probate, and trust statutes to determine the process through which a decedent’s estate is defined and distributed when one party to a pending divorce proceeding dies before a final divorce decree is entered. Under these circumstances, a provision within New Mexico’s domestic r... More...   $0 (02-04-2011 - NM)

D. Douglas Rehman v. Lake County, Florida

D. Douglas Rehman [“Rehman”], pro se, appeals the trial court’s entry of summary final judgment in favor of Lake County, Florida, [“Lake County”], Mid-Lake Holdings, LLC, Ashish Karve, Chaitrali Karve, and Albert E. Harthman [“collectively Harthman”].

The proceeding below was an action for declaratory and injunctive relief brought pursuant to section 163.3215, Florida Statutes... More...
   $0 (02-04-2011 - FL)

Anne Bryant Watkins v. Jane Bryant Shurley

This appeal arises out of a dispute among the beneficiaries and the trustee of a family trust regarding the allocation of expenses and losses incurred by the trust. To resolve the dispute, the beneficiaries of the trust, appellant and cross-appellee Anne Bryant Watkins and appellee and cross-appellant Jane Bryant Shurley, entered into a rule 11 settlement agreement specifying the manner in which t... More...   $0 (02-04-2011 - TX)

Hebert Acquisitions, LLC v. Tremur Consulting Contractors, Inc.; Chris R. Murray; and San Juanita Murray

After Hebert Acquisitions, LLC ("Hebert") acquired the assets of Tremur Consulting Contractors, Inc. ("Tremur") from Chris and San Juanita Murray, Hebert brought suit for breach of contract stemming from alleged violations of the Asset Purchase Agreement (APA) that governed the transaction. (1) The Appellees brought a counterclaim for breach of the APA. After a bench trial, the trial court found i... More...   $0 (02-04-2011 - TX)

Walter Kimbrough v. Idaho Board of Tax Appeals and Canyon County Board of Equalization

Walter and Judith Kimbrough appeal the district court’s decision affirming the Canyon County Board of Equalization’s assessment of their farm and homesite. They contend that the Canyon County Assessor should have applied the agricultural-land exemption to the acre on which their farmhouse sits rather than classifying it as a homestead. They also assert that their homesite valuation was excessi... More...   $0 (02-04-2011 - ID)

Richard L. Baud v. Krispen S. Carroll

As numerous courts and commentators have noted, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) has created many difficult problems of statutory interpretation, none more vexing than those arising from application of the “projected disposable income test” imposed by 11 U.S.C. § 1325(b)(1). Under § 1325(b)(1)(B) of the Bankruptcy Code (the “Code”)... More...   $0 (02-04-2011 - MI)

William Carr v. Gateway, Inc.

In 2001, plaintiff, William Carr, and his wife purchased a computer from defendant, Gateway, Inc. Carr subsequently filed suit alleging misrepresentation by Gateway as to the speed of the computer’s processor. Gateway sought to dismiss the suit and compel arbitration in accordance with the terms of the sales contract. The circuit court of Madison County denied the motion, holding, inter alia, th... More...   $0 (02-03-2011 - IL)

Holly Woods Association of Residence Owners v. Joe W. Hiller

The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma... More...   $0 (02-03-2011 - SC)

Karen Harris v. The University of South Carolina

Karen Harris appeals the jury's verdict in favor of the University of South Carolina (the University) on her negligence claim for damages resulting from injuries she suffered in a fall on University property. Harris argues the trial court erred in (1) charging the jury on the Limitation on Liability of Landowners Act, commonly known as the Recreational Use Statute (the RUS)[1], (2) charging she c... More...   $0 (02-03-2011 - SC)

Zurich American Insurance Company v. Uninsured Employers' Fund

The primary issue presented by this appeal involves the interpretation of a “workers compensation and employers liability” policy (the “Policy”) and, specifically, a “residual market limited other states insurance endorsement” (the “Endorsement”). The Policy was issued in Delaware by American Zurich Insurance Company (“Zurich”), appellant, to A & B Enterprises, Inc., a Delaware... More...   $0 (02-03-2011 - MD)

Freddy Locarno Baloco v. Drummond Company, Inc.

The children of Valmore Locarno Rodriguez, Victor Hugo Orcasita Amaya, and Gustavo Soler Mora, three former union leaders murdered in Colombia in 2001 (“the Children”), appeal from the dismissal of their complaint against Appellee-Defendants, Drummond Company, Inc., Drummond Ltd.,1 Augusto Jimenez, and Alfredo Araujo.2 The Children allege that these Drummond entities and employees hired parami... More...   $0 (02-03-2011 - AL)

Declaris Associates v. McCoy Workplace Solutions, L.P.

DeClaris Associates appeals from an adverse judgment in its breach-of-contract lawsuit against McCoy Workplace Solutions, L.P. DeClaris sued McCoy seeking placement fees under a personnel-placement contract. After the trial court denied DeClaris’s motion for a directed verdict, holding that the contract was ambiguous, a jury found that McCoy had not breached the contract, and the court entered... More...   $0 (02-03-2011 - TX)

Martha Sullivan and Dennis Sullivan v. The City of Fort Worth, Texas

Appellants Martha and Dennis Sullivan (the Sullivans) appeal the trial court’s order granting the City of Fort Worth’s (the City) plea to the jurisdiction. The City claimed governmental immunity from the Sullivans’ claims.

Background

One evening in 2007, the Sullivans attended their granddaughter’s wedding, which was held in the Japanese Garden (the Garden), part of the city... More...
   $0 (02-03-2011 - TX)

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