| Limitation of Action Law |
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Steven Pham v. State Farm Automobile Insurance Company
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¶1 Steven Pham, representing the estate of the driver of a car involved in a traffic accident, along with the deceased driver’s parents and the five passengers in his car at the time, sought review of the court of appeals’ judgment in Pham v. State Farm Mut. Auto Ins. Co.,No. 09CA0768 (Colo. App. May 27, 2009) (not published pursuant to C.A.R. 35(f)). The court of appeals affirm... More...
$0 (03-04-2013 - CO)
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Peak Alarm Co., Inc. v. Salt Lake City Corp.
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¶1 In this appeal, Salt Lake City employees Shanna Werner and Scott Atkinson (City Employees) contest the district court’s denial of their motion for summary judgment. In that motion, they argued that appellees Michael Howe, Jerry Howe, and Peak Alarm Company (Mr. Howe) failed to file suit within the period fixed by the applicable statute of limitations. The City Employees contend that parties ... More... $0 (02-15-2013 - UT)
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Stephen Smith v. Board of County Commissioners of Park County, Wyoming
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[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve... More... $0 (01-09-2013 - WY)
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Estate of Andy Samuel Ayala-Gomez v. Steven D. Sohn, M.D.
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A child’s estate appeals a summary judgment ruling concluding a medical malpractice action was not timely filed.
I. Background Facts and Proceedings
The record reveals the following undisputed facts. See Iowa R. Civ. P. 1.981(3) (requiring summary judgment movant to show the absence of any genuine issue of material fact). In 2008, the parents of a one-year-old child took him to a h... More... $0 (10-17-2012 - IA)
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Evelyn O. Mueller v. Juliann H. Mueller
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¶ 1. DOOLEY, J. This case derives from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contends that her ex-husband promised to devise to her certain assets upon his death, and she brings various claims for equitable relief against defendant, her ex-husband’s second wife, who survived him. The superior co... More... $0 (07-27-2012 - VT)
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Norman Redwing v. Catholic Bishop for the Diocese of Memphis
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The facts in this opinion are drawn from the allegations in the complaint. No trial has occurred. Neither party has presented evidence, and no facts have been found by a factfinder. Because this case comes to us as an appeal from a denial of a motion to dismiss, the applicable standard of review requires us to presume that the allegations in the complaint are true. Our decision to include in this ... More... $0 (05-24-2012 - TN)
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Reid Estates Civic Club v. Boyer, Inc.
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Reid Estates Civic Club (RECC) appeals from a judgment rendered in favor of John Boyer and his wife Lyda Boyer, Mark Boyer and his wife Laureen Boyer, and two family-owned businesses, Boyer, Inc. and Lonestar Prestress Mfg., Inc. (collectively, the Boyers) following a jury trial. We affirm the portions of the trial court’s judgment awarding (1) John the land east of lot 5 and to the water’s... More... $0 (12-29-2011 - TX)
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Michael Lind v. Beaman Dodge, Inc.
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On March 28, 2006, Michael Lind (the “Plaintiff”) was injured as he stepped out of his 2004 Dodge Ram 2500 truck onto Fox Hollow Road in Christiana, Tennessee, near its intersection with Manchester Highway. Almost a year later, on March 19, 2007, he filed suit against the truck’s manufacturer, DaimlerChrysler Corporation (“Chrysler”), 1 and the seller, Beaman Dodge, Inc., d/b/a Beaman Do... More... $0 (12-15-2011 - TN)
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Charles Summerhill v. Terminix Inc.
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Charles Summerhill (Summerhill), the named plaintiff in a purported class action lawsuit against Terminix,1 appeals the district court's2 dismissal of his first amended complaint as time-barred because Summerhill failed to sufficiently plead that the Arkansas doctrine of fraudulent concealment saves his otherwise stale claims. We affirm.
I. BACKGROUND
On June 16, 2008, Summerhill, on... More... $0 (03-24-2011 - AR)
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Melanie B. Cahill v. Margaret P. Morrow, Individually and in her capacity as Executrix of the Estate of George R. Morrow
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The defendant, Margaret P. Morrow (defendant or Morrow), appeals from a Washington County Superior Court judgment declaring that Melanie B. Cahill (plaintiff or Cahill) perfected title to the defendant’s property by adverse possession. She challenges the trial justice’s decision on two grounds. First, that he failed to give sufficient weight to the plaintiff’s offers to purchase the property... More... $0 (01-11-2011 - RI)
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Nancy Hall v. Park County
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[¶1] This is an appeal from a district court order dismissing the appellant‘s complaint for lack of subject matter jurisdiction. Finding no error, we similarly dismiss this appeal.
ISSUE
[¶2] Whether the savings statute, Wyo. Stat. Ann. § 1-3-118 (LexisNexis 2009), applies to actions brought under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1-39-114 (LexisNexi... More... $0 (09-03-2010 - WY)
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John G. Voris v. Middlesex Mutual Assurance Company
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The plaintiffs, John G. Voris and Joan Voris, appeal1 from the summary judgment rendered by the trial court in favor of the defendants, Middlesex Mutual Assurance Company (Middlesex) and Middle Oak Company (Middle Oak), in the plaintiffs’ action seeking a declaration requiring the defendants to provide the plaintiffs with underinsured motorist benefits. This case presents three issues on appeal,... More... $0 (07-20-2010 - CT)
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Susan Eynon Lark v. Montgomery Hospice, Inc.
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The parties to this appeal from the Circuit Court for Montgomery County,1 Susan Eynon Lark (Appellant), and Montgomery Hospice Inc. (Appellee), present us with two questions of statutory interpretation.2 We must determine whether a former employee is entitled to assert a wrongful discharge action under the Health Care Worker Whistleblower Protection Act (1) even if he or she never reported to an e... More... $0 (05-14-2010 - MD)
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Walter Dique v. New Jersey State Police
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This appeal presents the question of when Walter Dique’s Fourteenth Amendment selective-enforcement claim accrued.
Dique appeals the District Court’s final order, granting summary judgment in favor of Clinton Pagano, John Mulvey, and Glen Vona (Officers) on his claim because it was time barred. Dique Because D 1 ique appeals from an order granting summary judgment, we view the evidence ... More... $0 (05-08-2010 - NJ)
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Floree Hooper v. Ebenezer Senior Services and Rehabilitation Center
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Floree Hooper (“Hooper”), acting as Personal Representative of the Estate of Albert L. Clinton, brought this action alleging claims for wrongful death and survival against Ebenezer Senior Services and Rehabilitation Center (“Ebenezer”). The trial court granted summary judgment in favor of Ebenezer, finding the claims were untimely asserted. The South Carolina Court of Appeals affirmed. ... More... $0 (12-24-2009 - SC)
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Rachel Fleeger v. Wyeth Pharmaceuticals, Inc.
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Plaintiff Rachel Fleeger, a resident of Pennsylvania, took hormone medication manufactured by defendants Wyeth, Wyeth Pharmaceuticals, Inc. (Wyeth) and Greenstone, Ltd. Neither defendant is a Minnesota resident; however, both defendants admit that Minnesota courts have general personal jurisdiction over them. Fleeger filed her lawsuit in the United States District Court, District of Minnesota, and... More... $0 (09-03-2009 - MN)
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Margaret Russell Law v. Law Company Building Associates
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Margaret Russell Law (MRL) appeals a summary judgment against her on claims of breach of contract, breach of implied covenant of good faith and fair dealing, reformation of contract, and declaratory judgment, all of which were asserted by her against Law Company Building Associates (LCBA) and The Law Company (Law Co.) (collectively referred to as "defendants") arising from a financing agreement on... More... $0 (07-10-2009 - KS)
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Patricia Ann Roberts v. County of Los Angeles
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We are asked here to determine whether plaintiff‟s suit alleging the negligence of a public-entity health-care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6) involving actions against public entities, and the Medical Injury Compensation Reform Act (MICRA) (Code Civ. Proc., § 340.5) governing medical negligence suits. Patricia Ann Ro... More... $0 (06-29-2009 - CA)
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Edward Rosenfield v. I. David Marder and Associates, LLC, et al.
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In this breach of contract action, the plaintiff, Edward Rosenfield, appeals from the summary judgment rendered by the trial court in favor of the defendants, I. David Marder & Associates, LLC, and Marder & Kallet. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment on the ground that the action was commenced beyond the applicable statute... More... $0 (10-07-2008 - CT)
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Cheryl D. Jacobson v. Kevin Leisinger
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[1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court's decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court's dismissal of his defamation action against Jacobson.
JACOBSON'S... More... $0 (03-12-2008 - SD)
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Katie M. Klida v. Gregory S. Braman, et al.
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Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau),
appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured
motorist claim on the ground that the one-year contractual limitation period in the insurance
policy barred plaintiff's action.1 We affirm.
Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More... $0 (02-19-2008 - MI)
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Edward W. Sznyter v. Robert J. Malone, D.D.S.
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In this limited civil action arising under 47 United States Code section 227,
commonly known as the Telephone Consumer Protection Act of 1991 ("TCPA" or the Act), we must determine whether a state or federal statute of limitations correctly applies,
where plaintiff is asserting a private right of action for damages for violations of the Act.
The matter was certified for transfer to this Co... More... $0 (10-06-2007 - CA)
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John F. Thaxton, II and Annette Thaxton v. Beneficial Mortgage Co. of Oklahoma and Beneficial Oklahoma, Inc.
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1 Plaintiffs, John F. Thaxton II and Annette Thaxton, appeal an order of summary judgment granted in favor of Defendants, Beneficial Mortgage Co. (BMC) and Beneficial Oklahoma, Inc. (BOI). For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
FACTS
2 In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their real propert... More... $0 (08-01-2006 - OK)
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Terry Bell v. Chris J. Schell, state trooper for the Wyoming State Highway Patrol, et al.
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[1] These unrelated cases were consolidated for argument on appeal because they involve
the same legal issue: the requirements for a valid notice of claim under the Wyoming
Governmental Claims Act (the WGCA). In both cases, we affirm the granting of summary
judgment to the defendants.
FACTS
Case No. 03-241
[2] On September 22, 2000, Terry Bell (Bell) was involved in the third o... More... $0 (12-02-2004 - WY)
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Brinker Texas, L.P. v. Diane Looney
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In this premises liability case, Appellant Brinker Texas, L.P. ("BTLP") appeals from the trial court's judgment in favor of Appellee Diane Looney. In one issue, BTLP challenges the court's finding that BTLP had knowledge and notice of the existing suit within two years and was not prejudiced by being named as an additional defendant after limitations had expired. We affirm.
I. Factual an... More... $32046 (04-18-2004 - TX)
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