This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review.

¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe... More...   $0 (02-16-2011 - WI)

Festivals and Concert Events, Inc. (“FACE�) appeals from the district court’s1 grant of summary judgment for Scottsdale Insurance Company (“Scottsdale�). FACE filed this declaratory judgment action, seeking defense costs and indemnity in its underlying lawsuit with D.D.N. Because we conclude that no claim in the underlying suit was arguably within the policy coverage, we affirm.

T... More...   $0 (02-14-2011 - MN)

This wrongful death and survival action arises from the on-the-job death of Oscar Alfredo Gomez. Following a jury trial, the trial court rendered judgment for $1,408,491 in favor of Gomez’s common-law wife, Elida Griselda Martinez, and Gomez’s father, Carlos Gomez Portillo, against appellants, Republic Waste Services, Ltd. and Marco Castaneda.

On appeal, appellants challen... More...   $0 (01-20-2011 - TX)

[¶1] In 2005, Katie Gniadek attended Camp Sunshine at Sebago Lake and met Michael Newton, a volunteer counselor. More than two months after Gniadek left the Camp, Newton sexually assaulted her. At issue on appeal are Gniadek’s claims that (1) Camp Sunshine’s negligence led to the sexual assault, and (2) the Camp is vicariously liable for Newton’s conduct. Because we conclude that Gniadek ca... More...   $0 (01-13-2011 - ME)

{1} Worker Jesus Gonzalez appeals the decision of the Workers’ Compensation Judge (WCJ) denying him modifier benefits from his employer Performance Painting, Inc. (Employer) under NMSA 1978, Section 52-1-26(C) (1990), of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007). The WCJ denied modifier benefits because Worker’s undocume... More...   $0 (01-10-2011 - NM)

Appellant David Fernea sued appellee Merrill Lynch Pierce Fenner & Smith, Inc. ("Merrill Lynch") asserting various causes of action arising from its alleged failure to adequately supervise its employee, Terry Christopher Bounds, in the sale of a portion of his outside businesses to Fernea. Merrill Lynch moved for summary judgment, attaching affidavits to its motion as evidence. Fernea objected to ... More...   $0 (01-07-2011 - TX)

Appellant David Fernea sued appellee Merrill Lynch Pierce Fenner & Smith, Inc. ("Merrill Lynch") asserting various causes of action arising from its alleged failure to adequately supervise its employee, Terry Christopher Bounds, in the sale of a portion of his outside businesses to Fernea. Merrill Lynch moved for summary judgment, attaching affidavits to its motion as evidence. Fernea objected to ... More...   $0 (01-07-2011 - TX)

The Grady Memorial Hospital in Atlanta, Georgia, is operated by the Fulton-DeKalb Hospital Authority, d/b/a Grady Health System (“Gradyâ€� or the “Hospitalâ€�). As part of its Department of Mental Health Services (“DMHSâ€�), the Hospital maintains a Drug Dependence Unit (“DDUâ€�). The plaintiffs in this case, identified pseudonymously as Jane Doe Nos. 1, 2, and 3, claim that while being tr... More...   $0 (12-30-2010 - GA)

No one’s memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three or four. But not 868 of them. In this case, the plaintiff’s attorneys, William and Karen Amlong, filed a sixty-three page errata sheet containing 868 attempted changes to their client’s deposition testimony, which was the sole source of evidentiary suppor... More...   $0 (12-28-2010 - FL)

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine... More...   $0 (12-13-2010 - NJ)

{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th... More...   $0 (11-20-2010 - NM)

¶1 Marilyn Sue Goff (Goff) appeals the trial court's October 7, 2009, order granting Salazar Roofing & Construction, Inc. (Salazar) and Robert Maupin's (Maupin) (collectively "Appellees") motion for summary judgment.1 Goff further appeals a December 4, 2009, order awarding Appellees an attorney's fee and costs in the amount of $15,755.09. Based upon our review of the facts and applicable law, we ... More...   $0 (10-22-2010 - OK)

On the morning of July 26, 2000, Wayne Barkes tilled his garden and then used an ax and other hand tools to clear and clean up the yard at his home. Around noon, Mr. Barkes stopped working and went inside the house because his left arm was hurting. He soaked his arm in water and then applied an ice pack to it. When the pain did not subside and Mr. Barkes began to feel worse, his wife drove him to ... More...   $0 (10-20-2010 - TN)

Our case law holds that a person who hires an independent contractor is not, without more, vicariously liable to the independent contractor’s employees for their employer’s torts, even though the job involves inherent danger or “peculiar risk.â€� The issue presented by this appeal is whether this rule depends on the employer being solvent and competent. We hold that it does not. The Nevad... More...   $0 (10-07-2010 - NV)

Karey Luchtel, after using crack cocaine and fearing that her husband was trying to kill her, ran into the street with her young son. Witnesses who called 911 reported that she was screaming for help and threatening to harm herself. She hid under a car until her neighbors provided refuge in their house. The police were summoned by Luchtel’s husband and other neighbors who heard her screams. Insi... More...   $0 (10-07-2010 - CA)

This is an appeal from a no-answer default judgment. In three issues, appellants––Hampton-Vaughan Funeral Home, Hampton-Vaughan Funeral Directors, Hampton-Vaughan Funeral Directors, Inc., SCI Funeral Services of Texas, Inc., Hampton-Vaughan Crestview Memoria, SCI Texas Funeral Services, Inc., and Crestview Memorial Park––contend that the trial court abused its discretion by (1) striking a... More...   $0 (09-30-2010 - TX)

Defendant-Appellant Hilldale Independent School District (Hilldale) appeals the district court’s denial of its motion for judgment as a matter of law. It further challenges selected evidentiary rulings, the basis for permitting certain legal theories to go to the jury, the entry of inconsistent verdicts, and the plaintiff’s perceived double recovery. Plaintiff-Appellee and Cross-Appellant, J.M... More...   $0 (09-10-2010 - OK)

Youa Vang Lee (Lee), as trustee for the heirs and next-of-kin of Fong Lee, filed suit against Minneapolis Police Officer Jason Andersen and the City of Minneapolis, among others, alleging a federal cause of action pursuant to 42 U.S.C. § 1983 as well as state law tort claims arising from the death of Lee’s son Fong Lee on July 22, 2006. Following a six-day trial, the jury returned a verdict fin... More...   $0 (08-11-2010 - MN)

In this appeal the Appellant, Swift Transportation, raises ten issues based on various rulings by the district court leading up to and during the course of a jury trial in which Swift was found liable on claims brought by the Appellees, Terry and Donna Frederick. Swift argues these rulings, individually and considered together, resulted in an unfair trial; and we should grant a new trial as to bot... More...   $0 (08-10-2010 - KS)

Appellant, THI of Texas at Lubbock I, LLC, (THI), d/b/a Southwest Regional Specialty Hospital (Southwest Hospital) appeals from a judgment entered following a jury trial in a medical malpractice action seeking wrongful death and survival damages in favor of Appellees, Max Perea, Mario Perea, Tony Perea, and George Perea (collectively Perea), and the estate of their deceased father, Jacob Perea (Ja... More...   $0 (07-28-2010 - Tx)

The Hines Land Group, Ltd., A.W. Hines, Kelly King Hines, Ricky D. Hines, individually and d/b/a Hines Development Corporation, Hines Development, Ltd., and Hines Development Management LLC developed Pecan Valley Ranch subdivision. The subdivision contains a man-made lake. When a leak formed, A.W. Hines contacted Moss Concrete Construction Co., Inc. to repair the leak. Bolton Construction was h... More...   $0 (07-21-2010 - TX)

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)

California Highway Patrol (“CHPâ€�) Officer Larry Depee (“Depeeâ€�) shot and killed John Watkins (“Watkinsâ€�) while on duty in Crescent City, California. Watkins’s mother, Sylvia Mahach-Watkins (“Mahach-Watkinsâ€�), filed suit under 42 U.S.C. § 1983 and various provisions of state law on her own behalf and on behalf of her son’s estate. A number of Mahach-Watkins’s claims were dism... More...   $0 (02-16-2010 - CA)

Jacob Griffey appeals a judgment in favor of Penn-Star Insurance Company declaring that Griffey's personal injury claim against BJB Liberty, L.L.C., was excluded from coverage under its commercial liability insurance policy. The judgment is reversed.

Background

On April 7, 2004, Jacob Griffey was at a bar in Liberty, Missouri, known as The Pub House. The bar was operated by BJB L... More...   $0 (01-19-2010 - MO)

¶1 Raven Resources L.L.C., its owner and managing member David A. Stewart, and his wife Terry Stewart (collectively, Raven) appeal the district court's August 1, 2008, order dismissing certain of Raven's claims against Legacy Bank (Bank).1 The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(2), 12 O.S.2001 and Supp. 2003, ch. 15, app. 1.

BACK... More...   $0 (12-11-2009 - OK)