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)

Bret “Doc” Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ... More...   $0 (11-05-2009 - TX)

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)

John McGlothlin, the Personal Representative of the Estate of Gary Dayne McGlothlin, deceased sued Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C. on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available.... More...   $0 (11-01-2009 - OK)

Plaintiffs Joseph P. Donahue (“Donahue”) and Sonoran Scanners, Inc. (“Sonoran”) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmer”) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More...   $0 (10-29-2009 - MA)

The Family and Estate of Brandon Patch sued Hillerich & Bradsby d/b/a Louisville Slugger on a products liability theory for the loss that they sustained when their son died from a head injury in 2003. Plaintiff claimed that Defendant failed to warn that aluminum baseball bats cause baseballs hit with them to travel faster than baseballs hit with wooden bats. Brandon Patch was pitching for the Mil... More...   $850000 (10-29-2009 - MT)

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)

Todd Stahlman (“Stahlman”) appeals the trial court's judgment granting Andrew Mayberry's (“Mayberry”) motion to dismiss. We reverse and remand.

I. BACKGROUND

Stahlman was involved in a bar fight in August 1998, during which Mayberry was injured. Mayberry filed suit against Stahlman in September 1998 for the injuries he suffered during the fight. A default judgment was entered... More...   $0 (10-28-2009 - MO)

Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual

Background

Patrick and Lynn Kronin initially filed suit against Otwo... More...   $0 (10-28-2009 - MO)

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)

Louis and Brenda Marks appeal from the district court’s orders granting summary judgment to Defendants in the Marks’ suit alleging statutory and tort violations in connection with a foreclosure on their home. The Marks also challenge several preliminary orders by the district court. Finding no error, we affirm. I.

... More...   $0 (10-23-2009 - VA)

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...   $0 (10-23-2009 - )

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)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

The Estate of Ronald Drabczyk sued Fisher Controls International--a Division of Emerson Electric on a products liability theory claiming that the values that he repaired contain asbestos gaskets and packing that cause him to develop asbestosis. The valves were sold by Fisher to the Hooker plant where Drabczyk overhauled them from 1970-1988. The evidence at trial demonstrated that Fisher was aware ... More...   $1500000 (10-21-2009 - NY)

Ted and Mary Bissette (the “Bissettes”) appeal from orders: (1) granting plaintiffs’ and third-party defendants’ summary judgment motion, (2) dismissing their claim for breach of fiduciary duty, and (3) awarding attorneys’ fees for contempt and enforcement of subdivision restrictions. We affirm in part and reverse in part.

FACTS

Moss Creek is a single-family residential... More...   $0 (10-20-2009 - NC)

This is an appeal from the dismissal of Jerry and Joy Christians‘ action to set aside an allegedly fraudulent transfer. The district court dismissed the action, finding that the Christians‘ lacked standing because their claim was preempted by federal bankruptcy law. We vacate and remand.

I.

Factual and Procedural Summary

Jerry and Joy Christian were victims of a Ponzi sche... More...   $0 (10-20-2009 - ID)

This appeal addresses a dispute between Jeffrey Labrenz and Shane and Jill Burnett over the use of land described in an easement. Labrenz has a driveway easement over the Burnetts’ land, and in building his driveway, Labrenz installed decorative rocks, shrubs, trees, a fence, and a gate on the Burnetts’ property. The superior court agreed with Labrenz that the slope of the Burnetts’ land nec... More...   $0 (10-20-2009 - AK)

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth A... More...   $0 (10-19-2009 - NM)

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

... More...   $0 (10-18-2009 - MO)

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)

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)