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Health Care Law
 
Hill Country San Antonio Management Services, Inc. v. Rachel Trejo

On December 14, 2012, Appellee Rachel Trejo filed suit as Next Friend of her adult child, Rene Trejo, asserting that Hill Country Achievement Center breached the standard of care applicable to an adult day-care facility by failing to monitor or assist Rene Trejo as he exited a van after a facility outing. Hill Country originally denied the facility was a health care provider under the Texas Medica... More...   $0 (02-12-2014 - TX)

Orlando Garcia v. Tim Jay Davenport

COMES NOW the Plaintiff, Orlando Garcia, for his cause of action against the Defendant, Tim Jay Davenport, and states as follows:

1. On or about December 16, 2009, in Oklahoma City, Oklahoma, Oklahoma County, the Defendant, Tim Jay Davenport, negligently drove his vehicle into the Plaintiff’s vehicle.

2. As a result of the Defendants’ actions, the Plaintiff suffered damages as fo... More...
   $0 (02-10-2014 - OK)

Rhonda Parrott v. Severs Trucking, LLC and Brandon G. Black

Rhonda Parrott (“Plaintiff”) filed a wrongful death action against Brandon Black and Severs Trucking, LLC (“Severs”), (collectively “Defendants”) for the death of her husband James Parrott (“James”).1 Defendants appeal the trial court’s judgment entered on a jury verdict in favor of Plaintiff. Defendants raise seven points of alleged trial court error. Defendants’ first pointâ€... More...   $0 (02-10-2014 - MO)

Robert Charles Morris v. Brad Livingston

Plaintiff-Appellant Robert Charles Morris brings this suit pursuant to 42 U.S.C. § 1983, challenging the constitutionality of the Texas statute providing that inmates must pay a $100 annual health care services fee when they receive medical treatment in the prison system. The district court granted Defendant-Appellee Brad Livingston’s motion to dismiss. For the following reasons, we AFFIRM.
... More...
   $0 (02-10-2014 - TX)

Linda L. Sleeth v. Sedan City Hospital and Davis Short

In this wrongful death case against a municipal hospital and its employee, we must resolve widely conflicting opinions by the lower courts regarding whether written notice of the claim was given to the hospital as required before suit was filed. See K.S.A. 2012 Supp. 12-105b(d). The district court dismissed the lawsuit for lack of jurisdiction based on its determination that plaintiffs failed to c... More...   $0 (02-07-2014 - KS)

Joshua Bosque v. Eric Rivera

The sole issue in this appeal is whether the trial court erred in dismissing with prejudice a personal injury action filed by Joshua Bosque based upon his purported fraud on the court. We conclude that there was insufficient evidence to support the dismissal and, accordingly, reverse.

Bosque sued the defendant for negligence resulting from an automobile collision that occurred on January 14... More...
   $0 (02-07-2014 - FL)

Fior A. Ramirez v. Reemployment Assistance Appeals Commission

Appellant, Fior A. Ramirez, appeals an order of appellee, the Reemployment Assistance Appeals Commission, denying her claim for reemployment compensation benefits. We reverse and remand, concluding that appellant is entitled to benefits. Appellant began working as a housekeeper for Remington Lodging & Hospitality, a hotel in Atlantic Beach, Florida, on October 29, 2009. As found by the appeals ref... More...   $0 (02-07-2014 - FL)

Tina Long v. Grand Boulevard, LLC d/b/a Brand Boulevard Early Education and Learning Center

1. Plaintiff, Tina Long, is the biological mother Christopher Morris, a minor.

2. Defendant, Childcare Network, Inc. #204, d/b/a Childcare Network 204, d/bla Grand Boulevard Early Education and Learning Center (hereinafter ‘Defendant” or “Childcare Network”), located at 1050 SW 36tFi Street, Oklahoma City, Oklahoma, is a business registered in Oklahoma and engages in business as a... More...
   $10000 (02-06-2014 - OK)

Barry Dodd v. Maria Francesca Cruz

In this personal injury case, a third party, known as a “factor,” purchased from a health care provider a medical lien on the plaintiff’s recovery, if any, against the defendant. We must decide whether the defendant is entitled to obtain documents through the discovery process relating to the factor’s contractual relationship with the health care provider, including documents disclosing wh... More...   $0 (02-05-2014 - CA)

Bailey, Jonathan, individually Jonathan Bailey Design, LLC v. Boka Powell, LLC

Jonathan Bailey, Jonathan Bailey Design, LLC, and Jonathan Bailey Associates International Companies, LLC, on its own behalf and in its capacity as general partner for both Jonathan Bailey Associates International and Jonathan Bailey Associates, Ltd., appeal from the trial court’s final summary judgment that they take nothing on their claims against Boka Powell, LLC. In a single issue, appellant... More...   $0 (02-03-2014 - TX)

Nilratan Javery v. Lucent Technologies, Inc.

Plaintiff Nilratan Javery appeals the judgment of the district court in favor of Defendant, Lucent Technologies, Inc. Long Term Disability

1

No. 12-3834 Javery v. Lucent Tech., Inc. Long Term Disability Plan Page 2

Plan for Management or LBA Employees (“the Plan”), denying Plaintiff’s claim for disability benefits under the Employee Retirement Income Security Act (“ERI... More...
   $0 (02-03-2014 - OH)

Guy Defazio v. Starwood Hotels & Resorts Worldwide, Inc.

Guy DeFazio used to work for Starwood as a general maintenance engineer at the company’s resort in Steamboat Springs. But eventually the relationship soured and he was let go. He says the company fired him in retaliation for Mr. DeFazio first asks us to invoke the doctrine of promissory estoppel. He claims that Starwood made an implied promise in its employee handbook that it would not retaliate... More...   $0 (02-03-2014 - CO)

Myriam Ampuero-Martinez v. Cedars Healthcare Group

In these consolidated cases, Myriam Ampuero-Martinez (hereinafter “Mrs. Ampuero-Martinez”) and Cedars Healthcare Group (hereinafter “Cedars”) seek review of the Third District Court of Appeal’s decision in Cedars Healthcare

- 2 -

Group., Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2011), on the ground that it expressly and directly conflicts with the decision of th... More...
   $0 (01-30-2014 - FL)

Doris Cannon ex rel. Juanit E. Good v. Bhaskar Reddy, M.D.

On November 10, 2005, Juanita E. Good was admitted to Maury Regional Hospital in Columbia, Tennessee, for surgery to remove her gallbladder. Ms. Good suffered a drop in her blood pressure and oxygen saturation during the initial stages of surgery. Although Ms. Good’s condition stabilized, the lack of oxygen to her brain caused permanent brain damage.

On November 9, 2006, Doris Cannon, Ms.... More...
   $0 (01-29-2014 - TN)

James Koshenina v. John L. Buvens

At issue is whether the trial court made a definitive ruling regarding the competency of Linda Koshenina (Linda) to make a designation declaring her husband, James Koshenina (James), her preneed guardian, and whether the trial court correctly determined it was appropriate for John L. Buvens and Carole Ann Buvens Draper, Linda’s brother and sister (Siblings), to be appointed her plenary co-guardi... More...   $0 (01-29-2014 - FL)

Fairchild Heights Residents Association, Inc. v. Fairchild Heights, Inc.

The plaintiff, Fairchild Heights Residents
Association, Inc. (association), appeals from the
judgment of the Appellate Court, which reversed the
judgment of the trial court and directed that court to
dismiss the association’s claims alleging negligence and
violations of the Connecticut Unfair Trade Practices
Act (CUTPA), General Statutes § 42-110a et seq., against
th... More...
   $0 (01-28-2014 - CT)

Thi of New Mexico at Hobbs Center, LLC v. Lillie Mae Patton

Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this ca... More...   $0 (01-28-2014 - NM)

Angela Cady v. John Schroll, M.D.

K.S.A. 40-3403(h) provides that a health care provider qualified for coverage under the Health Care Stabilization Fund created by the Health Care Provider Insurance Availability Act (HCPIAA), K.S.A. 40-3401 et seq., "shall have no vicarious liability or responsibility for any injury . . . arising out of the rendering of or the failure to render professional services . . . by any other health care ... More...   $0 (01-24-2014 - KS)

In the Matter of the Worker's Compensation Claim of: Shirlene Hathaway v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division

[¶1] A score of years ago, Appellant Shirlene Hathaway was attacked by a patient and suffered modest physical injuries while working at the Wyoming State Hospital. Four years later, she was denied permanent total disability (PTD) benefits because maximum medical improvement had not been reached. She continued seeking medical treatment and then reapplied for PTD benefits in 2009. The Wyoming Worke... More...   $0 (01-24-2014 - WY)

Evelyn Carson v. James Alvis, M.D. and Community Hospital, LLC

PETITION: CAUSES OF ACTION IN MEDICAL MALPRACTICE, PROFESSIONAL NEGLIGENCE

Comes now the Plaintiff, Evelyn Carson, and by and through her attorneys, states the following causes of action in Medical Malpractice, Professional Negligence, Breach of Contract, Battery. For her causes of action, the Plaintiff alleges and states as follows:

FACTS COMMON TO ALL CAUSES OF ACTION

1. Pla... More...
   $0 (01-23-2014 - OK)

Nicole Dussault v. RRE Coach Lantern Holdings

[¶1] Nicole Dussault appeals from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in favor of RRE Coach Lantern Holdings, LLC, and Resource Real Estate Management, Inc. (collectively, Coach Lantern). Dussault claims that Coach Lantern’s policy of not including in its standard lease a tenancy addendum that binds the landlord to the requirements of the federal gover... More...   $0 (01-23-2014 - ME)

Denis Dailey v. City of San Diego

Plaintiff Denise Dailey (Dailey) asserts the court erred in granting the City of San Diego's (City's) motion for summary judgment on her first cause of action for declaratory relief. In that cause of action Dailey alleged that the City improperly capped her retiree

2

health benefit at $8,880, which she alleges is approximately $600 less than the cost of her actual premiums. She alleg... More...
   $0 (01-23-2014 - CA)

Mary E. Jack v. Jennifer R. Booth, M.D.

The plaintiffs appeal the district court’s denial of their motions for mistrial and new trial after one of the defendant doctors in this medical malpractice suit rendered aid to a juror who fainted during trial, and the jury ultimately rendered a defense verdict. We reverse and remand for retrial.

I. Background Facts and Proceedings.

Mary Jack, individually and as parent and ne... More...
   $0 (01-23-2014 - IA)

Aaron S. Holmes, Dallas Spine Care P A, et al v. Zurich American Insurance Company, et al

In this workers’ compensation case, appellants Aaron S. Holmes, Dallas Spine Care P.A., Dr. Ernest A. Aqui, M.D., and Pine Creek Medical Center appeal the trial court’s summary judgment in favor of appellees Zurich American Insurance Company and Gallagher Bassett Services, Inc. This case arises out of Zurich’s denial of payment for Holmes’s spinal surgery. Because we conclude appellants fa... More...   $0 (01-22-2014 - TX)

Sherry Lynn Peters v. Wendy Michaelle Lopez and Shelter Insurance Company

Sherry Lynn Peters sued Wendy Michaelle Lopez and Shelter Insurance Company on negligence theories.

The claims made by the Plaintiff are not available.

1.

Defendant generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff except for those which may be specifically admitted hereinafter.

2.

Defe... More...
   $0 (01-21-2014 - OK)

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