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Foreseeability Law
 
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)

STATE OF IOWA vs. KENT ANTHONY TYLER III

We recite the facts in the light most favorable to the State. State v. Neiderbach, 837 N.W.2d 180, 187 (Iowa 2013). On the night of August 24–25, 2013, a crowd of twenty to forty teenagers was gathered at an empty lot next to the Des Moines River in downtown Des Moines. They were drinking, dancing, and listening to music. About ten to fifteen cars were present. Some in the crowd were dancing ... More...   $0 (01-22-2016 - IA)

Trennon Putnam v. Norfolk Southern Railway Company, Inc.

The employee testified in his deposition that, after he graduated from high school in 1985, he worked for Bevis
2
2140873 Furniture from 1986 to 1990 and that, during his employment with Bevis Furniture, he had worked in the office the first two years and in the plant using a rivet press the latter two years. He stated that he wore earplugs when he worked at Bevis Furniture. The employee... More...
   $0 (01-20-2016 - AL)

Estate of Catherine Dawn Skidmore v. Consumers Energy Company

A live power line on the ground is far more hazardous than a live power line in the air. In this wrongful death action, plaintiff Ralph Skidmore, Jr., individually and as the personal representative of the estate of Catherine Dawn Skidmore (collectively, the estate), appeals of right the trial court’s order granting summary disposition in favor of defendant, Consumers Energy Company (Consumers), ... More...   $0 (01-19-2016 - MI)

Travelers Indemnity Co. v. PCR, Inc.

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w... More...   $0 (01-08-2016 - FL)

United States of Amrica v. Roger Austin, Jr

Roger Allen Austin, Jr., appeals his conviction and 121month sentence imposed following his guilty plea to conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846 (2012). On appeal, Austin claims that his guilty plea was not voluntary because the district court failed to include in its explanation of the nature of the charge against him that he would be he... More...   $0 (01-03-2016 - VA)

United States v. Ulibarri

The Court takes its facts from: (i) the PSR; (ii) the Sealed Response to Defendant Kenneth Ulibarri's Amended Objections to PSR [and] Sentencing Memorandum at 2, filed May 8, 2015 (Doc. 902)("Response"); and (iii) the Indictment, filed December 12, 2012 (Doc. 2)("Indictment").4 In June, 2011, the Federal Bureau of Investigation ("FBI") initiated an investigation codenamed Operation Rain Check into... More...   $0 (01-03-2016 - NM)

United States v. Pugh

Tairod Nathan Webster Pugh ("Pugh" or "Defendant") brings this pretrial omnibus motion (Not. of Mot. (Dkt. 28)), seeking: (1) dismissal of Count One of the Indictment (Indictment (Dkt. 11)), on the ground that Count One fails to state an essential element of the offense, (2) dismissal of Count Two of the Indictment, on the separate grounds of insufficiency of the evidence and duplicity, (3) suppre... More...   $0 (01-03-2016 - NY)

Anne Payne v. CSX Transportation, Inc.

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (... More...   $0 (12-28-2015 - TN)

United States v. Alisuretove

In late 2012, the Durant, Oklahoma Police Department and several area banks began receiving numerous reports of debit card account fraud by way of unauthorized withdrawals from ATMs. The United States Secret Service was contacted about the matter and became involved in the investigation. It was determined that during November 2012, approximately 242 debit card accounts were compromised in the st... More...   $0 (12-26-2015 - OK)

Ruth Belche May v. Air & Liquid Systems

Ruth Belche May (“Petitioner”) is the widow of a machinist mate, Philip Royce May (“May”), who served on active duty in the United States Navy (“Navy”) for 20 years, from 1956 until 1976. Air & Liquid Systems Corp., Warren Pumps LLC, and IMO
Industries, Inc. (“Respondents”) manufactured steam pumps that were sold to the Navy. The Navy used these pumps to move extremely hot and highly pressur... More...
   $0 (12-20-2015 - MD)

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