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Medical Malpractice Law
 
Kakstys vs Stevens

This case presents a significant legal issue regarding the
effective date for the retroactive establishment of an initial
child support obligation in a divorce proceeding. Specifically,
the question is whether the court may retroactively set an
obligor’s child support obligation (a) only as of the filing date
of an actual child support motion (pendente lite or otherwise),... More...
   $0 (12-01-2015 - NJ)

Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
   $0 (12-01-2015 - NJ)

Duane John a/k/a Dewayne John v. State of Mississippi

On the evening of December 28, 2012, John left his sister’s house in Philadelphia,
Mississippi, and got into his vehicle along with his girlfriend, two other adults, and John’s
five children. While trying to pass another vehicle on the road, John lost control of his
vehicle, causing it to flip over and sink into a creek. John; his girlfriend, Deanna Jim; and
another adult, Dale ... More...
   $0 (12-01-2015 - MS)

Rosie Moore v. Jackson Cardiology Associates, P. A.

On April 5, 2011, fifty-eight-year-old Moore went to Jackson Cardiology Associates
for a stress myocardial perfusion scan, or “stress test.” A stress test uses nuclear medicine
to evaluate the heart’s function and blood flow. So the cardiologist could see how Moore’s
heart functioned under stress, she was given two options to elevate her heart rate—exercise
or medication. Moore... More...
   $0 (12-01-2015 - MS)

Donna Waldrup, Individually, and on Behalf of the Wrongful Death Beneficiaries of Mary Lindsey, Deceased v. Stephanie Eads, APRN, BC

When Lindsey died, she was a sixty-four-year-old patient at Grace Health and Rehabof Grenada.
She suffered from a condition that had left her paralyzed from the waist down.
She complained of constant pain and also struggled with constipation. According to her
daughter, Waldrup, an x-ray earlier that year had shown Lindsey “was full of poop.” Her son
Tracey Smith also testified ... More...
   $0 (12-01-2015 - MS)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate... More...
   $0 (12-01-2015 - DE)

Jennifer Garza v. Deerfield Condominiums, Northstar Properties, and North Star Properties & Investments, LLC

Norman, OK - Jennifer Garza sued Deerfield Condominiums, Northstar Properties, and North Star Properties & Investments, LLC on premises liability theories claiming:

1. That the Plaintiff, Jennifer Garza, is a resident of Norman, Cleveland County, State of Oklahoma; that the Defendant, Deerfield Condominiums, is a condominium complex doing business in Norman, Cleveland County, State of Ok... More...
   $0 (12-01-2015 - OK)

Joseph Dejuan Webster v. State of Tennessee

In April of 2005, [the Petitioner] was indicted for the first degree murder of Leroy Owens that occurred on November 22, 1998. At trial, Tammy Nelson testified that she was living in an apartment complex at 159 Hermitage Avenue in November of 1998. She and Leroy Owens, the victim, were friends. She knew the victim as “Little Nick,” and he would sometimes stay at her apartment. Ms. Nelson and t... More...   $0 (12-01-2015 - TN)

Janet Woods, individually and as Personal Representative of the Estate of Georg Woods v. St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D.

Tulsa, OK Janet Woods, individually and as Personal Representative of the Estate of Georg Woods sued St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D. on medical negligence theories claiming:

1.1 This is a civil action for damages in excess of one million dollars.
1.2 Venue is proper in Tulsa County, Oklahoma because all of th... More...
   $0 (12-01-2015 - OK)

Theodore Franklin Davis v. Knox County, Tennessee

The plaintiff, who is diabetic, alleges that Pretrial Services placed the SCRAM too tightly around his ankle. He states that he immediately communicated to the officers that he was diabetic. He told them that the SCRAM was too tight, but the officers ignored his complaint. This discomfort was exacerbated several days later when the plaintiff went on a hike. The next day, he contacted Pretrial ... More...   $0 (12-01-2015 - TN)

Patricia Francis v. Kiran Prabhu, M.D. and Integris Health, Inc. d/b/a Integris Cancer Institute of Oklahoma

Oklahoma City, OK - Patricia Francis sued Kiran Prabhu, M.D. and Integris Health, Inc. d/b/a Integris Cancer Institute of Oklahoma on medical negligence (medical malpractice) theories claiming:

1. Plaintiff is a citizen of the State of Oklahoma. Defendants are healthcare providers doing business in Oklahoma County. All actions giving rise to this litigation occurred in Oklahoma County.More...
   $0 (12-01-2015 - OK)

Nathan Myers and Jamie Applegate v. Gary Michael Pack and State Farm Mutual Automobile Insurance Company

Tulsa, OK - Nathan Myers and Jamie Applegate sued Gary Michael Pack and State Farm Mutual Automobile Insurance Company on auto negligence theories claiming:

1. On or around July 26, 2014, Plaintiffs Nathan Myers and Jamie Applegate were in:t
vehicle going north on South Yale Ave in Tulsa, Tulsa County, State of Oklahoma
2 At that time, Plaintiffs stopped for a red light at the con... More...
   $1 (11-30-2015 - OK)

Maye Richardson v. Donna Middaugh

Tulsa, OK - Maye Richardson sued Donna Middaugh on an auto negligence theory claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.
2. Defendant, Donna Middaugh is a resident of Tulsa County, Oklahoma.
3. The accident and injuries that are the subject of this dispute occurred in Tulsa County, Oklahoma.
4. This Court has jurisdiction and venue is proper in Tulsa County... More...
   $1 (11-30-2015 - OK)

Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (“Phoenix”) and Brad Boone (“Boone”), collectively (“Defendants”), Pla... More...
   $0 (11-30-2015 - OK)

Sherry L. Kay v. Blake Swigart and Ivan and Gina Kolar

Guthrie, OK - Sherry L. Kay sued Blake Swigart and Ivan and Gina Kolar on auto negligence theories claiming:

1. On or about July 17, 2012, at the intersection of Kelly and Waterloo in Edmond, Oklahoma, Logan County, Plaintiff, Sherry L. Kay, was involved in an automobile accident caused by the negligent acts of the Defendants, Blake Swigart and Ivan and Gina Kolar. Defendants, Ivan and Gi... More...
   $0 (11-30-2015 - OK)

Glossip v. Gross

After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel a... More...   $0 (11-30-2015 - DC)

Watts v. Southern Health Partners et al

On May 19, 2015, Plaintiff filed a complaint against Southern Health Partners and Dr.
Mongare. Doc. 3 at 3. He asserts they delayed examining and treating his prostate for over one
year, from November 2013 until December 2014. Doc. 3 at 4. He also complains that Dr.
Mongare examined his prostate in a rough and painful manner on December 19, 2014. Doc. 3 at
4. Plaintiff re... More...
   $0 (11-30-2015 - TX)

Todd Entrekin, Etowah County Sheriff v. Jerry Frederic Lasseter

Todd Entrekin, in his official capacity as sheriff of Etowah County ("the sheriff"), appeals from a judgment of the Etowah Circuit Court ("the trial court") granting Jerry Frederic Lasseter's motion to compel payment of medical expenses pursuant to a workers' compensation settlement agreement ("the agreement") entered into by the parties. On January 16, 2012, Lasseter filed in the trial court a co... More...   $0 (11-29-2015 - )

State Of Ohio v. Bennie Adams

{¶ 1} This is an appeal as of right from a judgment affirming an
aggravated-murder conviction and death sentence. A Mahoning County jury
convicted appellant, Bennie Adams, of aggravated murder in connection with the
rape and murder of Gina Tenney and unanimously recommended a sentence of
death. The trial court accepted the recommendation and sentenced Adams
accordingly. The Sev... More...
   $0 (11-29-2015 - OH)

Jerry Bohannon v. State Of Alabama

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or

Page 2

course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's rec... More...
   $0 (11-29-2015 - AL)

State Of Ohio v. Dean

Jason Dean was found guilty of all charged offenses and was sentenced to death for the aggravated murder of Titus Arnold and the attempted murder of six other people. On direct appeal, we reversed Dean's convictions, vacated the death sentence, and remanded the case for a new trial. See State v. Dean, 127 Ohio St.3d 140, 2010-Ohio-5070, 937 N.E.2d 97. In this direct appeal of Dean's convictions u... More...   $0 (11-29-2015 - OH)

Natalie R. DePriest vs. State of Missouri

Prior to the events in this case, Movant had been living in a residence with her brother David DePriest ("Brother") for about seventy days. Brother had lived in the residence for about six months, prior to which he had lived in Colorado where he was licensed to legally grow marijuana. In August of 2011, Police executed a search warrant at the residence shared by Movant and Brother. During the se... More...   $0 (11-28-2015 - MO)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl... More...   $0 (11-28-2015 - TX)

Bryce Allen v. State Of Arkansas

Bryce Allen was convicted by a Pulaski County jury of one count of second-degree murder and two counts of attempted second-degree murder. He now appeals, arguing that the jury should have been instructed on attempted reckless manslaughter as a lesser-included offense of attempted second-degree murder. We affirm.

The facts underlying this criminal case are not in dispute. On 19 Ma... More...
   $0 (11-28-2015 - AR)

Connolly v. State Of Florida

Based on the State of Florida's ("the State") motion for rehearing/rehearing en banc, we grant rehearing en banc, withdraw this Court's opinion issued on May 28, 2014, and issue the following en banc opinion affirming John J. Connolly, Jr.'s ("the defendant") conviction for second degree murder with a firearm in its stead. As the State correctly noted in its opening statement at the en banc oral a... More...   $0 (11-28-2015 - FL)

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