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Construction Law
 
David Harlan v. APAC-Missouri, Inc.

APAC-Missouri Inc. (“APAC”) appeals from a judgment entered in the Circuit Court of Lafayette County in favor of David Harlan in a negligence action filed by Harlan related to a motorcycle accident. For the following reasons, the judgment is affirmed.

On July 26, 2006, Harlan was driving a motorcycle eastbound on I-70 highway in Lafayette County through a construction zone in which th... More...
   $0 (12-13-2011 - MO)

Richard D. Ragland v. Walter Muguruza

The Workers’ Compensation Commission (the commission) awarded benefits to Walter Muguruza (appellee) for injuries, which resulted from a workplace accident on January 19, 2008. The commission found that Richard D. Ragland (appellant) employed appellee, found that appellant “had three or more regular employees,” and, therefore, found that appellant was an “employer” for the purposes of th... More...   $0 (12-13-2011 - VA)

Deborah Gonzalez v. Southern California Gas Company

Defendant Southern California Gas Company (SCG) appeals a judgment following a jury verdict finding SCG liable to plaintiffs Peter and Deborah Gonzalez (Plaintiffs) for the wrongful death of their daughter, Tiffany. She died after driving her car off a street, over a curb and striking an SCG gas meter assembly located 11 feet, 4 inches beyond the curb. On appeal, SCG contends the trial court erred... More...   $0 (12-13-2011 - CA)

Kayla Jean Kennedy v. Tyler Scott Eldridge

In a roiling support and custody dispute involving an infant child, did the trial court act within its discretion in disqualifying the child’s paternal grandfather from representing his son, the father, against the mother of his grandson?

We hold that it did. A plethora of family entanglements, potential misuse of confidential information, a conflict posed by the near-certain prospect tha... More...
   $0 (12-13-2011 - CA)

Idaho Development LLC v. Teton View Golf Estates, LLC

Idaho Development, LLC (“Idaho Development”) advanced $1,100,000.00 to Teton View Golf Estates, LLC (“Teton View”), a joint venture made up of Idaho Development as a 33.3% owner and Rothchild Properties, LLC as a 66.7% owner. Teton View granted Idaho Development a promissory note secured by a deed of trust that specified a set monthly payment and stated that the entire amount was to be pai... More...   $0 (12-12-2011 - ID)

Frittelli, Inc. v. 350 North Canon Drive, L.P.

In the underlying action, appellant Frittelli, Inc. (Frittelli) asserted claims for breach of a lease, breach of the implied covenant of quiet enjoyment, negligence, and rescission, alleging that respondents‟ renovation of a shopping center destroyed Frittelli‟s business within the center. The trial court granted summary judgment in favor of respondents on Frittelli‟s claims, concluding that... More...   $0 (12-11-2011 - CA)

Utica Place, LLC v. Cowen Construction IV, Inc.

Utica Place, LLC, Utica Place Condominium Association and Rachel W. Zebrowski sued Cowen Construction IV, Inc. on fraud, breach of contract and breach of fiduciary duty theories.

Cowen counterclaimed on breach of contract, fraud, tortious interference with business relations, negligent misrepresenation, and unjust enrichment theories. Cowen also sought to foreclose a construction lien plac... More...
   $1351000 (12-09-2011 - OK)

Amanda M. Simmons v. Heartland Wood Products, Inc.

Amanda Simmons, James Simmons, and Barbara Simmons1 (collectively “Plaintiffs”) appeal the trial court’s judgment in their wrongful-death action entered after a jury verdict in favor of Heartland Wood Products, Inc. (“Heartland”). The jury assigned fault to both the decedent and the decedent’s father, absolving Heartland of any liability in the decedent’s death as a result of a const... More...   $0 (12-09-2011 - MO)

Cargill v. DAniel Souza

Appellants, Daniel and Joyce Souza, made loans to Manuel and Esmeralda Teixeira evidenced by promissory notes and secured by an interest in dairy cattle and farm equipment. Respondent, Cargill, Inc. (Cargill), was an unsecured creditor of the Teixeiras. Upon the Teixeiras‟ default on the promissory notes, the Souzas and the Teixeiras entered into a “TRANSFER IN LIEU OF FORECLOSURE AGREEMENT”... More...   $0 (12-09-2011 - CA)

Esteban Allende v. Department of California Highway Patrol

The Department of the California Highway Patrol (CHP) appeals from a judgment declaring invalid and enjoining enforcement of certain provisions of its policy for recovering emergency response costs from persons causing incidents while driving under the influence of alcohol or drugs. We conclude that the CHP‘s policy is not inconsistent with the language or purpose of the authorizing legislation,... More...   $0 (12-09-2011 - CA)

Claire Crowley v. Town of Loudon

The petitioners, Residents of Green View Drive (the Residents), appeal an order of the Superior Court (Smukler, J.) that: (1) found no “occasion” to lay out Green View Drive as a class V public highway; (2) partially granted and partially denied the petition to quiet title filed by The Ledges Golf Links, Inc. (The Ledges) against Claire Crowley; and (3) ruled that Ms. Crowley was responsible f... More...   $0 (12-08-2011 - NH)

Stephen Fontenot v. Tiffany Stinson

On December 12, 2008, Tiffany Stinson filed an original petition in this case against Fontenot. The petition included claims for various intentional torts, including slander, civil conspiracy, ―trespass, assault and battery, intentional infliction of emotional distress, wrongful arrest, false imprisonment, and malicious prosecution.‖ On December 29, 2008, Stinson filed a complaint in federal d... More...   $0 (12-08-2011 - TX)

Joseph G. Gartrell, Jr. v. Ernest Joseph Wren

Appellant Joseph G. Gartrell, Jr., a registered professional land surveyor, brings this statutory interlocutory appeal. He complains that the trial court should have granted his motion to dismiss. The alleged ground for dismissal was that when appellees Ernest Joseph Wren and Beverly Sue Wren sued Gartrell for errors contained in surveys prepared by him, they failed to fully comply with the stat... More...   $0 (12-08-2011 - TX)

City of Houston v. Francisco Eduardo Marquez

In this fatal car wreck case, the City of Houston brings an accelerated appeal from the trial court’s denial of its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008) (permitting appeal from interlocutory order). The City argues that it was entitled to dismissal from the suit under the election-of-remedies section of the Tort Claims Act. See id. § 101.... More...   $0 (12-08-2011 - TX)

Jill J. Moore v. Billy Joe Moore

Jill J. Moore appeals the trial court’s final decree of divorce entered after she had reached a mediated settlement agreement (MSA) with her husband, Billy Joe Moore. In her sole issue, Jill argues that the trial court abused its discretion by entering a decree inconsistent with the terms of the MSA. Finding error, we reverse in part, reform in part, and affirm in part.

Background
<... More...
   $0 (12-08-2011 - TX)

The Weitz Company v. MacKenzie House

The Weitz Company, LLC sued MacKenzie House, LLC and MH Metropolitan, LLC for breach of a construction contract. Arrowhead Contracting, Inc. and Concorde Co., Inc. are third-party defendants. MH Metropolitan counterclaimed for breach of the same contract, seeking liquidated damages and the cost to complete the project. Arrowhead also counterclaimed. The jury returned a verdict of $4,991,970.87 for... More...   $0 (12-08-2011 - MO)

Florence Metz v. United States Life Insurance

Plaintiff-Appellant Florence Metz (“Metz”) appeals from a judgment and order of the United States District Court for the Southern District of New York (Jones, J.) granting Defendant-Appellee United States Life Insurance Company’s (“U.S. Life”) motion to dismiss Metz’s complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Metz sued U.S. Life for failing to pay in... More...   $0 (12-08-2011 - NY)

Brett A. Davis v. Jeremy Gillam

Appellants Brett Davis, Arneva Davis, and Mark Davis claim that the trial court erred in granting the counterclaim of appellees Jeremy Gillam, Carissa Gillam, Doug Gillam, Lexmin, LLC, Chesapeake Exploration, LLC, and First Community Bank for quiet title based on an oral contract for the purchase of real property. Specifically, appellants argue that there was not clear and convincing evidence of t... More...   $0 (12-07-2011 - AR)

Teresa Bloodman v. Jefferson Hospital Association

This is a medical malpractice case. Appellant advances several arguments on appeal, but the only issue that we must address is whether the trial court erred in granting the appellee hospital’s request to dismiss appellant’s lawsuit based on charitable immunity in the absence of any evidence of the hospital’s current qualifications for charitable-immunity status. We hold that the trial court ... More...   $0 (12-07-2011 - AR)

James Mollick v. Township of Worcester

In these consolidated appeals,1 James Mollick (Requestor) appeals from three separate Orders of the Court of Common Pleas of Montgomery County (trial court) dated September 22, 2010, September 30, 2010, and October 1, 2010, which held that the Township of Worcester (Township) properly denied Requestor‟s four requests, pursuant to the Right to Know Law (RTKL),2 for emails transmitted by and betwe... More...   $0 (12-07-2011 - PA)

Diane Borchers v. Franciscan Tertiary Provence of the Sacred Hearth

¶ 1 After the plaintiff, Diane Borchers, found out that her former employer, the defendant Franciscan Tertiary Province of the Sacred Heart, Inc., d/b/a Mayslake Village, Inc. (Mayslake), had accessed her personal e-mail account and printed out over 30 personal e-mails, she brought suit against Mayslake, alleging violations of title II of the federal Electronic Communications Privacy Act of 1986 ... More...   $0 (12-07-2011 - IL)

Michael Coleman Hammond v. Jerry James Hammond

2 Acy Dean Hammond, who died in October 2001, had three sons: petitioner
3 Michael Hammond, and respondents Sherman Hammond and Jerome "Jerry James"
4 Hammond. This case relates to the sons' disagreement about which of them now own
5 certain real property in Jackson County that Acy owned while she was alive. The dispute
6 arose because of a disparity in terms between (1) a 1985 dee... More...
   $0 (12-07-2011 - OR)

Merari Gonzalez v. Methodist Charlton Medical Center

In this appeal, appellant, Merari Gonzalez, challenges a summary judgment granted in favor of appellee, Methodist Charlton Medical Center (“Methodist”). In four issues, Gonzalez contends that: (1) genuine issues of material fact exist as to her breach- of-contract and wrongful-termination claims; (2) the trial court improperly disposed of her non-employment breach-of-contract claim; (3) Method... More...   $0 (12-07-2011 - TX)

BALDWIN v. CITY of LAWTON

¶1 The city of Lawton, Oklahoma, through its proper officers and in the manner prescribed by statute, organized paving district No. 64 consisting of "D" avenue, from the west side of Seventh street, east to the city limits, approximately 12 blocks. Near the center of this district the avenue is intersected by the north and south right of way of the Chicago, R.I. & P. Railroad. The city engineer w... More...   $0 (12-07-2011 - OK)

BURNS et al. v. WILSON, Secretary of Defense et al.

Tried separately by Army courts-martial on the Island of Guam, petitioners were found guilty of murder and rape and sentenced to death. The sentences were confirmed by the President, and petitioners exhausted all remedies available to them under the Articles of War for review of their convictions by the military tribunals. They then filed petitions for writs of habeas corpus in the United States ... More...   $0 (12-07-2011 - DC)

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