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Foreseeability Law
 
STATE OF LOUISIANA V. JACOB DEWAYNE PURVIS STATE OF LOUISIANA, COURT OF APPEAL, THIRD CIRCUIT

Defendant lived in a double-wide trailer with his mother, uncle, sister, and his sister’s two daughters. During the morning of September 16, 2015, Defendant and his sister were arguing inside the trailer when he allegedly threatened to burn it down. He exited the trailer, threw a bug zapper against the wall on the front porch, and walked to the side of the house. A few minutes later, the trailer c... More...   $0 (04-12-2017 - LA)

STATE OF KANSAS v. WILLIAM JOSEPH KELLY III

On January 6, 2013, Kelly, who was 18 years old at the time, and his friend, Lee King, were drinking at a friend's house. At around 3:30 a.m., the two left, with Kelly driving. On the way home, Kelly approached a sharp turn on a gravel road. Although Kelly applied the brakes and turned the steering wheel, the truck slid on the gravel. The truck hit a row of trees, breaking branches 4 to 5 feet off... More...   $0 (04-10-2017 - KS)

Margaret Kinsley, Individually and on behalf of Laddie Frances Kinsley, deceased v. Cartwright's Ranch House, LLC and John Clayton Cartwright Denton County Texas Courthouse

Appellee John Clayton Cartwright owns and operates Appellee Cartwright’s Ranch House, LLC, (CRH) a restaurant in Denton, Texas. One
1See Tex. R. App. P. 47.4.
2
morning, after Margaret and Laddie Kinsley ate breakfast together at CRH, as Laddie negotiated his walker off the curb in front of CRH and into the parking lot on the passenger-side of the couple’s vehicle, he fell. He was take... More...
   $0 (04-06-2017 - TX)

STATE OF MISSOURI v. KRYSTAL M. SCROGGS

In 2013, Scroggs and her husband Matthew Scroggs ("Matthew")2 were living in
Pleasant Hill, Missouri with their three children. During the summer, Matthew's mother,
Melinda Brown ("Brown") was caring for the children at her home a couple hours away
from Pleasant Hill. In early June of 2013, Brown took the three children to visit Pleasant
Hill. Brown noticed that Scroggs appe... More...
   $0 (04-05-2017 - MO)

STATE OF KANSAS v. JOSEPH DATHIAN MATTOX

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We recited the basic facts of Alyea's brutal murder when we affirmed the conviction (following a s... More...
   $0 (03-10-2017 - KS)

STATE OF MONTANA, JUDICIAL BRANCH, OFFICE OF THE COURT ADMINISTRATOR, and GEORGE W. HUSS v. CHARLENE A. BERDAHL

The facts found by the District Court for purposes of this declaratory action are as
follows. In 1991, Berdahl began working as a court reporter for the Sixteenth Judicial
District Court, in Forsyth. In November 2012, George Huss was elected as a district
court judge in the Sixteenth Judicial District. Huss oversaw Department Two of the
District and Berdahl worked directly ... More...
   $0 (02-18-2017 - MT)

BRAD JOSEPH JONES v. STATE OF KANSAS

The events leading to Jones' conviction began to unfold when Ruth Peck was placing in the trunk of her car items she had just purchased at a Target store. Just as Peck finished, Jones approached, grabbed Peck's purse, and took off running. Peck yelled for help, and Jonathan U responded. U chased Jones who ran to his car and jumped in. U reached into Jones' car and tried to retrieve Peck's purse, b... More...   $0 (02-14-2017 - KS)

STATE OF IOWA vs. ZACHARY SCOTT VULICH

On November 12, 2013, the complaining witness, who was sixteen years
old at the time, went to Vulich’s house with her older sister. After they arrived,
the complaining witness played games on her phone while her older sister talked
with Vulich. A short time later, the three were in the basement, and Vulich made
sexually-suggestive comments to the complaining witness, includin... More...
   $0 (01-26-2017 - IA)

David Alan Hunter v. State of Tennessee

The petitioner was convicted by a Hamilton County Criminal Court jury of first degree murder and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment. This Court affirmed his convictions on direct appeal, and our Supreme Court denied his application for permission to appeal. State v.
David A. Hunter, E2010-01351-CCA-R3-CD, 2011 WL 1532086... More...
   $0 (12-02-2016 - TN)

PATRICK JOSEPH CARNEY v. UNION PACIFIC RAILROAD COMPANY

The record discloses the following undisputed facts. In the spring of 2006, defendant invited various contractors to submit bids in connection with the purchase and removal of three abandoned railroad bridges that spanned Arthington, Polk, and Lexington Streets in Chicago. Among those invited to bid was Happ’s, Inc., a scrap contractor that had worked with defendant and other railroads for 25 year... More...   $0 (11-20-2016 - Il)

STATE OF KANSAS v. JASON ALBIN ¬¬

The facts in this case are undisputed and uncomplicated. In May 2015, Albin drove his commercial truck into the parking lot of Alliance Data, a call center at which he did not work. It was mid-morning, and persons were working at Alliance Data. Albin parked his truck at the far end of the lot where the nearest car was 40 to 50 feet away and where there were no pedestrians.

A security o... More...
   $0 (11-13-2016 - KS)

United States of America v. John Bertrand Beliveau II

San Diego, CA - Former NCIS Supervisory Special Agent Sentenced to 12 Years in Prison for Taking Bribes from Foreign Defense Contractor in Massive Fraud and Corruption Scandal

Former Naval Criminal Investigative Service supervisory special agent John Beliveau II was sentenced to 12 years in prison for disclosing sensitive law enforcement reports to a foreign defense contractor who was th... More...
   $20000000 (10-15-2016 - CA)

BREANN DREW and ZANE DREW, by and through their Father, Natural Guardian, and Next Friend RUSS DREW v. STATE OF KANSAS

On an otherwise quiet Sunday afternoon in May 2007, Kansas Highway Patrol Master Trooper Michael Gruber observed a speeding car and began what ordinarily would be a routine traffic stop. But the driver, Charles Barker, sped away, which resulted in a high-speed chase on I-635 and K-32 (Kansas Avenue) in Wyandotte County. The chase ended when Barker drove into traffic coming from the other direction... More...   $1100000 (10-11-2016 - KS)

STATE OF NORTH CAROLINA v. AMANDA GAYLE REED

The facts of this case, as presented by the State, begin simply enough:
defendant went to use the bathroom in her home for a few minutes, and her toddler,
Mercadiez, tragically managed to fall into their outdoor pool and drown. The
complexity of this case arises from the fact that about two years before, defendant
was babysitting another child, Sadie Gates, who got out of the... More...
   $0 (09-05-2016 - NC)

Brenda Ann Schwartz v. Accuratus Corporation

The issue in Olivo was “whether a landowner can be liable
for injuries allegedly caused from asbestos exposure experienced
by the wife of a worker who had performed welding and steam
fitting tasks that brought him into contact with asbestos on the
landowner’s premises.” Id. at 398-99. Based on the facts as
presented in Olivo’s summary judgment record and considerations <... More...
   $0 (07-09-2016 - NJ)

STATE OF CONNECTICUT v. TYRONE TARVER

The defendant, Tyrone Tarver, appeals from the judgment of conviction, rendered after a jury trial, of felony murder in violation of General Statutes § 53a-54c, robbery in the first degree in violation of General Statutes § 53a-134 (a) (2), and conspiracy to commit robbery in the third degree in violation of General Statutes §§ 53a-48 and 53a-136 (a). On appeal, the defendant raises two separate c... More...   $0 (06-13-2016 - CT)

Cooper Singletary, et al. v. Gatlinburlier, Inc. et al.

While visiting Gatlinburlier Tobacconist, a retail store located in the Mountain Mall in Gatlinburg, Tennessee, Carol Singletary unexpectedly fainted and fell into an antique glass display case located in the store. The glass in the display case shattered and a triangular shard of glass pierced Ms. Singletary‟s chest, lacerating her aortic arch and causing her to hemorrhage. Tragically, Ms... More...   $0 (04-25-2016 - TN)

CONNECTICUT YANKEE ATOMIC POWER COMPANY v. USA

Yankee Atomic Electric Company (“Yankee Atomic”), Maine Yankee Atomic Power Company (“Maine Yankee”), and Connecticut Yankee Atomic Power Company (“Connecticut Yankee”) (collectively “plaintiffs”), filed complaints on August 16, 2013, alleging the government’s breach of its contractual obligations related to the removal of spent nuclear fuel (“SNF”) from plaintiffs’ facilities. See Case No. 1:13-... More...   $76776340 (04-11-2016 - DC)

Hawkins v. Capital Fitness, Inc.

Michael Hawkins purchased a membership with X-Sport Fitness, owned and operated by Capital Fitness. (In his brief, Hawkins states that at the time of the incident, he had a seven-day trial membership, but the record indicates Hawkins purchased a full membership and signed a membership agreement on January 5, 2010.) The membership agreement, under “Additional Terms and Conditions,” included a claus... More...   $0 (03-27-2016 - IL)

HERALD FARLEY v. BNSF RAILWAY COMPANY

Herald Farley filed his action for damages against BNSF Railway Company under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 (2012) et seq. After deposing Farley's expert witnesses, BNSF filed several motions, including a motion to strike or limit the testimony of the liability expert, a motion for partial summary judgment alleging Farley's claims regarding injuries to his neck, uppe... More...   $0 (03-25-2016 - KS)

State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal requires us to examine the contours of
the “stream-of-commerce” doctrine of personal jurisdiction, which was introduced by the U.S.
Supreme Court in a 1980 decision but later divided the Court with respect to its scope.
Defendant Total Petrochemicals & Refining USA, Inc. (TPRI) challenges a decision of the
superior court, civil division, denying its ... More...
   $0 (02-12-2016 - VT)

Charla Logsdon as next friend of Jordan Logsdon v. Freddie Cross and Eva Cross

Charla Logsdon, as next friend of Jordan Logsdon, appeals from the trial court’s adverse no-evidence summary judgment in her lawsuit against Freddie and Eva Cross1 for personal injuries her minor daughter Jordan sustained in an all-terrain vehicle (ATV) accident. In a single issue, Logsdon argues she presented sufficient evidence to raise genuine issues of material fact with respect to each chal... More...   $0 (02-10-2016 - TX)

Willie Moore v. State of Indiana

Officer Christopher Helmer (“Officer Helmer”), a patrolman with the
Speedway Police Department, worked as a “courtesy officer” for Coppertree
when he was not working as a patrolman with the police department. (Tr. 4).
As a courtesy officer, he was responsible for Coppertree’s security and
responding to service calls. On July 12, 2014, Officer Helmer was at
Coppertree wh... More...
   $0 (01-30-2016 - IN)

P.W., Individually and as Guardian and Conservator for K.W., a Minor Child, v. Children’s Hospital Colorado

In this original proceeding stemming from a medical malpractice action, we are
asked to decide whether, as a matter of law, a known suicidal patient who is admitted
to the secure mental health unit of a hospital and placed under high suicide-risk
precautions can be subject to a comparative negligence defense when the patient
attempts suicide while in the hospital’s custody. Pl... More...
   $0 (01-25-2016 - CO)

Andrew Spencer v. Norfolk Southern Railway Company

On May 16, 2010, Andrew Spencer (the “Plaintiff”), an employee of Norfolk Southern Railway Company (the “Railroad”), seriously injured his back when he threw a switch in the rail yard in an effort to move a section of track. The Plaintiff sued the Railroad under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (2006), alleging that the Railroad was negligent because it knew or sho... More...   $0 (01-23-2016 - TN)

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