Parents and Estate of Gabriel M. Tobin sued the Washington Department of Social and Human Services, et al. on a governmental tort wrongful death theory for the death of two year old Tobin who wondered away from a state-licensed day care and drowned in Lake Tapps in 2004.

Plaintiffs claimed that the day care should not have been licensed because it didn't have a fence to prevent children ... More...   $11700000 (10-05-2008 - WA)

The Family and Estate of Joseph Watkins sued Greatwide Dedicated Transport of Texas and, its driver, Thomas Rowell on an auto negligence theory seeking damages for the wrongful death of Mr. Watkins, age 79. Plaintiffs claimed that the semi-tractor trailer rig being driven by Rowell was being driven in excess of the speed limit by nearly thirty mph when it hit Mr. Watkin's car at the intersection ... More...   $1000000 (10-05-2008 - AL)

St. Andrews Management Services, Inc. (St. Andrews) and New Florence Nursing Home, Inc. (New Florence) (collectively referred to as Appellants) appeal from the trial court's order granting survivors(FN1) (collectively referred to as Plaintiffs) of Zenia Bishop (Decedent) a new trial on the grounds of instructional error for failing to allow the jury to apportion fault among Appellants and a dismis... More...   $0 (10-02-2008 - MO)

The beneficiaries of the Leonard Nelson Trust, Jane Nelson and Bruce Nelson, as well as the trustee, U.S. Bank National Association, N.D. (US Bank), appeal an adverse grant of summary judgment on their North Dakota breach of fiduciary duty claim against the trust’s former trustee, First National Bank and Trust Company of Williston (First National). We affirm the judgment of the district court.2<... More...   $0 (10-02-2008 - ND)

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...   $0 (10-01-2008 - OR)

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More...   $0 (10-01-2008 - KY)

An attorney represents an elderly client and does not disclose his conflict of interest and its consequences. As this case demonstrates, the attorney brings financial harm to his client, institutional harm to his profession, and catastrophic harm to himself. Eddie B. Jamison, a licensed attorney, appeals a judgment for damages, attorney fees and costs based on legal malpractice, breach of fiduciar... More...   $0 (10-01-2008 - CA)

{¶1} Appellants/Cross-Appellees, Walter and Louise Calame (collectively “the Calames”), appeal from the judgment of the Wayne County Court of Common Pleas, Probate Division. This Court affirms.

I

{¶2} This case revolves around a contest to several documents, consisting of the will, trusts, and a quit-claim deed that Blanche G. Calame executed before her death on January 30, 200... More...   $0 (09-30-2008 - OH)

{¶1} Defendant-Appellant/Cross-Appellee Paul V. Bonetzky, D.O. (“Bonetzky”) appeals from the August 22, 2007 Judgment Entry of the Court of Common Pleas of Logan County, Ohio, rendering judgment against him in the amount of $400,000 plus interest and costs. Bonetzky also appeals from the October 23, 2007 Judgment Entry denying Bonetzky’s motion for a new trial or judgment notwithstanding th... More...   $0 (09-29-2008 - OH)

Appellant, Banner Sign & Barricade, Inc. ("Banner"), appeals from the trial court's summary judgment in favor of appellee Berry GP, Inc. ("Berry"). Berry brought a third-party action against Banner, seeking indemnification for amounts paid by Berry in the settlement of a wrongful death suit arising from an accident in a highway construction zone. By three issues, Banner contends that the trial cou... More...   $0 (09-25-2008 - TX)

This is an appeal from the denial of a motion for new trial after the entry of a default judgment in a suit for declaratory relief to recover title to a home that collateralized a bail bond. Appellant raises four issues on appeal: (1) the trial court abused its discretion in denying the motion for new trial; (2) erred in granting the default judgment; (3) defendant was entitled to notice of the ju... More...   $0 (09-25-2008 - TX)

This is an interlocutory appeal from the denial of Appellants= plea to the jurisdiction. Appellants Wise Regional Health Systems f/k/a Decatur Community Hospital, Kathi Singh, R.N., Shirley Bevis, R.N., Kelli Weatherly, L.R.N., Bethany Isbell, L.R.N., Betty Jean Snodgrass, R.N., Debbie Atkins, R.N., Roseann Smith, R.N. and Traci Vanschuyver, R.N., appeal the trial court=s denial of their plea to ... More...   $0 (09-25-2008 - TX)

Plaintiff, Lloyd White, Jr., filed suit against the City of Kenner through its Police Department ("Police Department"), alleging that he was a passenger in a vehicle that was involved in an automobile accident caused by an unknown driver, who was unknown because the investigating officer failed to obtain that driver's information. He alleges that he was deprived of his right to obtain relief from... More...   $0 (09-25-2008 - LA)

Jacquelyn and Ronnie Elmore, the parents of Ron Elmore, filed a wrongful death action against Heath Channing Hebert and his employer, E. Sullivan Advertising & Design, Inc. Hebert and his family were on their way to a Labor Day Music Festival in Beaumont when Hebert missed a turn. Hebert was in the process of making a U-turn when Ron Elmore's motorcycle struck Hebert's Toyota Sequoia. Ron subse... More...   $0 (09-25-2008 - Tx)

In this accelerated appeal, Christus Health Southeast Texas d/b/a Christus St. Mary Hospital ("St. Mary"), Dubuis Health System, Inc. d/b/a Dubuis Hospital of Port Arthur ("Dubuis"), and Sreedhar Polavarapu, M.D. ("Polavarapu") challenge the trial court's orders denying their motions to dismiss the health care liability claim of Preston Broussard, individually and as next friend of Dorothy Broussa... More...   $0 (09-25-2008 - Tx)

Appellants Joshua Dachs, individually, and Joy Dachs, as special personal representative of the estate of Elizabeth Dachs, deceased, appeal the Greene County Circuit Court’s order granting summary judgment in favor of appellees Dr. Barry Hendrix; Family Practice Clinic; Hendrix Medical Services, PLLC; and Paragould Physicians Management, LLC (collectively, the physician defendants); Rebecca Fish... More...   $0 (09-24-2008 - AR)

Daniel E. Webster, his wife Mollie, and his mother, Anita V. Sculthorpe, appeal a final summary judgment entered by the circuit court in favor of Ocean Reef Community Association, Inc., a homeowners’ association.1 The issue presented is whether either of two transfers of a home in the Ocean Reef community in Key Largo, Florida, violated the Association’s governing documents. Finding that the g... More...   $0 (09-24-2008 - FL)

This appeal arises from four separate wrongful death actions brought pursuant to Code § 8.01-50 and ultimately settled by the parties through mediation. The principal issue we consider is whether the circuit court erred in requiring the settling parties to those actions to file written petitions reciting the financial terms of the compromise settlements in order to obtain court approval of those ... More...   $0 (09-24-2008 - VA)

In this suit alleging negligent operation of a governmentally owned and operated school bus, plaintiffs appeal by right the trial court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(7) based on governmental immunity because he had not suffered a “bodily injury.” We agree with the trial court that a plaintiff seeking to avoid governmental tort immunity throu... More...   $0 (09-23-2008 - MI)

Plaintiffs, the Center for Biological Diversity, Inc. and Peter Galvin (collectively CBD),1 appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors an... More...   $0 (09-22-2008 - CA)

Family and Estate of Claudia Avila sued Tarmac America, IGM and EM Transfer on a negligence theory for the wrongful death of Mrs. Avila, age 43, who was killed when she was struck taby a 34-pound metal plate crashed through the windshield of her car on February 17, 2004 on I-95 in Del Ray, Florida. Plaintiffs claimed that Tarmac America packaged thousands of metal plates for shipment at it Melbour... More...   $1700000 (09-19-2008 - FL)

Appellant Southern Farm Bureau Casualty Insurance Company (Farm Bureau) appeals summary judgments in favor of the appellees which held that a certain exclusion in the Farm Bureau insurance policy was void as against public policy. Cross-appellants Roy Johnson and Rhonda Johnson cross-appeal the trial court’s denial of their petition for attorneys’ fees, twelve percent interest, and prejudgment... More...   $0 (09-19-2008 - AR)

This wrongful-death, medical malpractice case primarily concerns whether plaintiff’s notice of intent required under MCL 600.2912b was sufficient with respect to defendants, Ghaus Malik, M.D., Susan E. Oshnock, P.A.-C., Henry Ford Health System, doing business as Neurosurgery Associates-Oakland (“Henry Ford”), Ashok Prasad, M.D., and William Beaumont Hospital (“Beaumont”). Plaintiff, as ... More...   $0 (09-18-2008 - )

This appeal arises from the final disposition of the remains of Jack Burke Overturff who died in December 2003. Jack’s widow, Marilyn Elaine Overturff, appeals from a summary judgment entered in favor of Raddatz Funeral Services, Inc. on her claim for negligent infliction of emotional distress. She contends that a cause of action against a funeral home for negligent infliction of emotional distr... More...   $0 (09-18-2008 - IA)