The Family and Estate of Velibor Videnovic sued Drs. Jack Goodman and William Teubl on medical negligence theories for the wrongful death of Mr. Videnovic on November 19, 2003 from a stroke. Videnvoic presented at the Northern Dutchess Hospital on October 3, 2003 after having experienced unexplained shaking of his left leg and arm for about five second. Subsequent testing revealed that he had pa... More...   $0 (11-07-2009 - )

Rudy E. Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1

Background

T... More...   $0 (11-06-2009 - KS)

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w... More...   $0 (11-06-2009 - OH)

Doris Dukes, Judy Blessing and Ruth Watkins sued UNARCO Industries, Inc. on products liability theories for the wrongful deaths on their respective husbands who all died from the asbestos cancer mesothelioma. The Plaintiffs' husbands all worked for Union Asbestos & Rubber Company, later known as UNARCO Industries, Inc. in the 1950s and 1960s. Plaintiffs claimed that Defendant's predecessor in inte... More...   $5500000 (11-05-2009 - IL)

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farm”), was required to defend and in... More...   $0 (11-04-2009 - WV)

This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, “AIG”). The district court reviewed the administrator’s denial of benefits under an arbitrary and capricious... More...   $0 (11-02-2009 - )

Larry Groover and the guardians of decedent Chad Groover’s minor children (collectively the “Groovers”) appeal the district court’s summary judgment order dismissing their tort claims against Omni Pinnacle, LLC (Omni) and Cahaba Disaster Recovery, LLC (Cahaba). Because we hold that the Louisiana workers’ compensation scheme shielded Omni and Cahaba from tort liability, we affirm.

... More...   $0 (10-31-2009 - LA)

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

Family and Estate of Jennifer Lea Strange, age 28, sued Entercom Communication Corp. and Entercom Sacramento, L.L.C. on negligence theories for her wrongful death. Mrs. Strange died as a direct result of her participation in a water drinking contest conducted by KDND on January 12, 2007 to see who could drink the most water without urinating. The contest which was run on the "Morning Rave" show w... More...   $16600000 (10-29-2009 - CA)

Christopher Spielvogel and his wife, Diana Spielvogel, were riding a motorcycle on Highway 169 at the Broadway Bridge Complex in Kansas City on July 22, 2001, when their motorcycle collided with the center median. Both of them were ejected from the motorcycle.

Diana Spielvogel died from her injuries, and Christopher Spielvogel was seriously injured. Christopher Spielvogel and his children, ... More...   $0 (10-28-2009 - MO)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

The Family and Estate of Wendy Leigh Jackson sued Wyndal K. Blankenship, Barry Riggs and Saad Rahman on medical negligence (medical malpractice) theories claiming that the defendant doctors failed to exercise due care when they did not address the internal bleeding that occurred post partum at Fort Walton Beach Medical Center in June 2003. Ms. Jackson died about 16 hours after giving birth to a so... More...   $4000000 (10-27-2009 - FL)

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A... More...   $0 (10-26-2009 - FL)

The family and estate of Christian Chalita sued IMG Academies, Dr. Joseph Soler and Carol Tomlinson on negligence and medical malpractice theories for the wrongful death of Christian, age 16. Dr. Soler and Nurse Tomlinson examined Christian at the beginning of the school year at IMG Academies in 2003 and 2004 but failed to detect that he had an irregularly shaped heart that resulted in a heart at... More...   $1500000 (10-23-2009 - FL)

Merlon Dukes, Bob Blessing and John Watkins sued Honeywell International Inc. on a products liability theory for the wrongful deaths of their husbands from asbestosis. They claimed that Honeywell International Inc, through its corporate predecessor Bendix, conspired with other companies, including UNARCO, Johns-Manville, Raybestos-Manhattan, Owens-Illinois, Owens Corning and Metropolitan Life Insu... More...   $5500000 (10-22-2009 - IL)

This appeal is the second appeal in this case before the Court. In the first appeal, the Court vacated the district court’s grant of summary judgment in favor of Mr. Pieniozek (“Pieniozek”) on Mega Life and Health Insurance Company’s (“Mega”) claim for rescission of Ms. Pieniozek’s life insurance policy and Pieniozek’s counterclaim for breach of contract, and remanded the case for ... More...   $0 (10-19-2009 - AL)

The families and estates of Brian Frazier, 20, Bridgette M. Shannon, 17, Corey E. Chase, 20, and Harry Rhoades Jr., 20, sued Burlington Northern Santa Fe on negligence theories for the wrongful deaths of the four young people claiming that the crossing arms at the intersection where the accident.

Defendant claimed that the car went around a lowered crossing arm but failed to find the signal... More...   $25600000 (10-17-2009 - MN)

Plaintiff, Farmers Automobile Insurance Association (Farmers), appeals the trial court's order finding Farmers had a duty to defend defendants, Michael C. Danner and Tracy Watson, in a lawsuit filed by defendant David D. Winkler. We reverse and remand.

I. BACKGROUND

A. The Declaratory-Judgment Action

In December 2007, Farmers filed a complaint for declaratory judgment. The com... More...   $0 (10-16-2009 - IL)

{¶ 1} Defendant-appellant Michael Hummons appeals from a summary judgment rendered against him on his claim for personal injuries arising from a motor vehicle accident. He contends that the trial court erred in rendering summary judgment in favor of defendant-appellee Dayton Power & Light (DP&L), because it erred in concluding that his action against the company was time-barred. He further conten... More...   $0 (10-16-2009 - OH)

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

The Family and Estate of Joshua Foster, age 7, sued Lasko Products, Inc. on a products liability theory for the wrongful death of Joshua who died from burns and smoke inhalation on June 14, 2005. Plaintiffs claimed that the fire was caused by a faulty Chinese made motor in a portable fan built in 2000.

The defenses asserted by Defendant are not available.... More...   $13500000 (10-16-2009 - PA)

Anthony Sheppard appeals from a summary judgment in favor of Travelers Lloyds of Texas Insurance Company in connection with Sheppard=s claims for breach of contract and violations of the Texas Insurance Code. We affirm.

Background

Sheppard contracted with Travelers to insure a dwelling located at 306 West Cowan Drive pursuant to a Texas homeowners HO-B policy. The policy period beg... More...   $0 (10-15-2009 - TX)

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec... More...   $0 (10-15-2009 - OR)

In this case, a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation. The jury awarded the policyholder $36,000 in actual damages on the breach of contract claim, ... More...   $0 (10-14-2009 - SC)