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Master and Servant Law
 
Katherine E. Beard v. Ryan Emmel

Katherine E. Beard sued Ryan Emmel, Acura Neon, Inc. and State Farm Mutual Automobile Insurance Company on personal injury and auto negligence theories claiming:

1. Plaintiff, KATHERINE E. BEARD, is a legal resident of the State of Oklahoma.

2. Defendant, RYAN EMMEL, (hereinafter referred to as “Defendant EMMEL”) is a resident of the State of Oklahoma.

3. Defendant,... More...
   $1 (06-05-2013 - OK)

Linda Fly v. Security General Life Insurance Company

Linda Fly, Nina Jonson and Nancy Sumrall, as Co-Trustees of the Auston B. Sumrall 1994 Living Trust sued Security General Life Insurance Company claiming:

1. Plaintiffs are the Co-Trustees of the Auston B. Sumrall 1994 Living Trust, which is the owner of record of the real property located at 3009 Epperly in the City of Del City, Oklahoma.

2. Defendant Security General Life Insur... More...
   $100000 (01-07-2013 - OK)

Texas Mutual Insurance Company v. Ronald Jerrols

Ronald Jerrols, Cedric Williams, and Jaime Luna sustained serious injuries in a traffic accident while they were returning to work from a restaurant after eating lunch. This appeal focuses on whether Jerrols, Williams, and Luna (also referred to collectively as the “claimants”) were in the course and scope of their employment under the Texas Labor Code when these injuries occurred.

Ma... More...
   $0 (10-12-2012 - TX)

Brian Gobble v. The Manitowoc Cranes, Inc.

Brian Gobble, individually , and Dean Parsons, individually and as special administrator of the Estate of Michael Parsons, deceased, sued The Manitowoc Cranes, Inc.; Grove Worldwide, LLC; Scott-Macon Equipment of Oklahoma, Inc., Silverscliffe Construction Company; Chesapeake Energy Corporation, et al. on personal tort theories claiming:

1. Plaintiff Brian Gobble (hereinafter “Gobble”)... More...
   $0 (09-16-2012 - OK)

Lic Canot v. City of Easton

Lic and Kemely Canot (Canots) appeal from an order of the Court of Common Pleas of Northampton County (trial court), dated March 10, 2011. The trial court granted the City of Easton’s (City) motion for summary judgment and denied the Canots’ motion for partial summary judgment, determining that the City was entitled to immunity from civil liability pursuant to the exclusivity provisions of the... More...   $0 (02-09-2012 - PA)

George Santillan v. The Roman Catholic Biship of Fresno

George Santillan and his brother Howard Santillan sued the Roman Catholic Bishop of Fresno for childhood sexual abuse by one of the diocese‟s former priests. A jury found that their claims were time barred because there was no evidence that the diocese knew that the priest was committing such acts either before or during the time when the Santillans were being abused. The trial court granted a n... More...   $0 (01-06-2012 - CA)

Kimbly Arnold v. Mutual Of Omaha Insurance Company

Plaintiff Kimbly Arnold worked as a nonexclusive insurance agent for Mutual of Omaha Insurance Company (Mutual). After plaintiff terminated her contractual relationship with Mutual, she filed suit claiming unpaid employee entitlements under the Labor Code.1 She appeals from a summary judgment in favor of defendant Mutual, in which the trial court determined Ms. Arnold‟s causes of action depended... More...   $0 (12-30-2011 - CA)

Kimbly Arnold v. Mutual of Omaha Insurance Company

Plaintiff Kimbly Arnold worked as a nonexclusive insurance agent for Mutual of Omaha Insurance Company (Mutual). After plaintiff terminated her contractual relationship with Mutual, she filed suit claiming unpaid employee entitlements under the Labor Code.1 She appeals from a summary judgment in favor of defendant Mutual, in which the trial court determined Ms. Arnold‟s causes of action depended... More...   $0 (12-30-2011 - CA)

Joseph Woodmancy v. Framco, Inc.

Joseph Woodmancy appeals the denial of his claim that an injury to his head, right shoulder, and upper arm, which he sustained in a fall from a ladder on June 29, 2009, was compensable for purposes of workers’ compensation. On the date of his claimed injury, Woodmancy was president of J & S Framing, Inc., and was hanging ceiling tiles in a Shelbyville, Tennessee Wal-Mart that was being remodeled... More...   $0 (12-14-2011 - AR)

Elias Bobadilla-German v. Bear Creek Orchards, Inc.

In these appeals, we consider whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by Oregon statute. Under the circumstances presented by this case, we conclude that they may not. We also conclude that the workers in this case were entitled to be paid on the last workday, rather than the following day. 4988 BOBADILLA-GERMAN v. BEAR CREEK
<... More...
   $0 (04-18-2011 - OR)

Estate of Maddison Alexis Desela v. Prescott Unified School District No. 1

¶1 The issue is whether an action to recover medical expenses for injuries to a child is time-barred. Revising Arizona’s common law rule, we hold that both the minor and the minor’s parents are entitled to recover pre-majority medical expenses, but double recovery is not permitted. Pearson & Dickerson Contractors, Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), and S. A. Gerrard Co. v.... More...   $0 (03-25-2011 - AZ)

Estate of Maddison Alexis Desela v. Prescott Unified School District No. 1

¶1 The issue is whether an action to recover medical expenses for injuries to a child is time-barred. Revising Arizona’s common law rule, we hold that both the minor and the minor’s parents are entitled to recover pre-majority medical expenses, but double recovery is not permitted. Pearson & Dickerson Contractors, Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), and S. A. Gerrard Co. v.... More...   $0 (01-21-2011 - AZ)

Matthew Edwards Simms v. Ruby Tuesday, Inc.

In this appeal of a worker’s compensation proceeding, we consider whether the actual risk test analysis articulated in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008), materially changed the “innocent victim of horseplay” law previously articulated and applied by the Court of Appeals of Virginia and the Virginia Workers’ Compensation Commission.

Background

This case ... More...
   $0 (01-13-2011 - VA)

Debra Hathaway v. Paul H. Tucker

¶ 1. DOOLEY, J. This case concerns the proper allocation of settlement costs between insurers following a wrongful death settlement. The death occurred in 2002, when Paul H. Tucker (“Tucker”) was hauling waste for Casella Waste Management, Inc. (“Casella”) and collided with Robert Hathaway’s vehicle, killing Hathaway. Appellant, Old Republic Insurance Co. (“Old Republi... More...   $0 (12-23-2010 - VT)

I.H., by and through his guardian ad litem, Steven A. Litz, v. County of Lehigh

In December 2002, a car accident paralyzed a foster care child, I.H. A jury found that his foster father’s negligent driving caused I.H.’s injury. The single issue before us in this tragic case is whether a private foster care agency can be vicariously liable for the ordinary negligence of a foster parent. The District Court held no, and granted the foster care agency’s motion for summary ju... More...   $0 (07-07-2010 - PA)

El Paso Field Services Management, Inc. v. Ernesto Lopez

Ernesto and Georgia Lopez sued El Paso Field Services Management, Inc. for personal injuries arising from a work-related incident. The jury apportioned negligence at 80% for El Paso and 20% for Mr. Lopez. After reducing the damages by Mr. Lopez’s percentage of negligence, the trial court rendered judgment on the verdict. El Paso brings three issues on appeal: (1) the legal and factual sufficie... More...   $0 (05-28-2010 - TX)

Miguel Martinez, et al. v. Corky N. Combs, et al.

Plaintiffs, seasonal agricultural workers, brought this action under Labor Code section 11941 and other theories to recover unpaid minimum wages. Plaintiffs contend the Industrial Welfare Commission‘s (IWC) wage order No. 14-2001, entitled ―Order Regulating Wages, Hours, and Working Conditions in the Agricultural Occupations‖ (Cal. Code Regs., tit. 8, § 11140), commonly known as Wage Order ... More...   $0 (05-20-2010 - CA)

John Schmidt v. Burlington Northern and Santa Fe Railway Company

John Schmidt appeals the district court’s grant of summary judgment in favor of Defendant Burlington Northern and Santa Fe Railway Company (BNSF) on his negligent injury claim under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court found Schmidt did not present adequate evidence to show he was employed by BNSF. We disagree, and conclude Schmidt’s evidence... More...   $0 (05-18-2010 - MT)

John Paul Brehm v. Caterpillar, Inc., et al.

Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc.(1) They assign error to the trial court's granting of defendant's motion for summary judgment on the ground that plaintiffs' claims were barred by the exclusive l... More...   $0 (05-12-2010 - OR)

Summerlin v. Georgia Pines Community Service Board

Appellant Marilyn Summerlin, in her capacity as the mother of 18-yearold George Summerlin and the administratrix of his estate, filed a wrongful death action against Georgia Pines Community Service Board (the board), for the wrongful death of her son. At the time of his death, George was a patient at Georgia Pines, a residential facility for the care and treatment of individuals with mental illnes... More...   $0 (03-01-2010 - GA)

Dawn Renae Diaz v. Jose Carcamo

Dawn Diaz was seriously injured when she was struck by a car that had jumped a freeway center divider following its collision with a truck. She sued Karen Tagliaferri,1 the driver of the car that struck her, and Jose Carcamo, the driver of the truck with which Tagliaferri collided. Diaz also sued Carcamo's employer, Sugar Transport, alleging it was vicariously liable as Carcamo's employer. She fur... More...   $0 (02-26-2010 - CA)

Barbara Ernster v. Luxco, Inc.

Barbara Ernster sued Luxco, Inc., alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Ann. Ch. 216. After denying Luxco summary judgment on the threshold issue of whether Ernster was an employee or an independent contractor, the district court1 ordered a jury trial of that issue. More...   $0 (02-24-2010 - IA)

Carol Samuel Ervin v. Richland Memorial Hospital and Key Risk Management Services

Claimant was employed as a unit secretary by Richland Memorial Hospital (Employer). Claimant's job duties involved answering the phone, greeting hospital visitors and new patients, and entering data. Claimant contended she suffered a compensable injury on October 16, 2003, as a result of an accident arising out of and in the course and scope of her employment, when she was exposed to perfume fra... More...   $0 (12-08-2009 - SC)

Louis M. Jamison and Evelyn Jamison v. John M. Morris and Kevin Morris d/b/a Morris Texaco Mini Mart, Anderson Oil Co. Inc., Texaco, Inc., and Shell Oil Company

Appellants appeal from a jury verdict finding appellant Mini Mart liable, and appellants Anderson Oil and Texaco, Inc., vicariously liable, for catastrophic injuries suffered by respondent Louis Jamison (Louis) in a one vehicle automobile accident. We reverse the vicarious liability verdicts against Anderson Oil and Texaco, finding no evidence that Mini Mart was their actual agent for purposes of... More...   $0 (09-21-2009 - SC)

Mariana Teixeira Naves v. National Western Life Insurance Company

Appellant Mariana Teixeira Naves obtained a default judgment in Brazil against appellee National Western Life Insurance Company. Naves sought to domesticate the Brazilian judgment in Travis County district court, and National Western filed a motion for nonrecognition of the foreign judgment. The district court granted National Western's motion for nonrecognition. Naves appeals. We conclude that t... More...   $0 (09-10-2009 - TX)

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