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Proximate Cause Law
 
Amal Eghnayem, et al. v. Boston Scientific Corporation Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o... More...   $0 (10-21-2017 - FL)

In Re: Asbestos Products Liability Litigation (No. VI) Third Circuit Court of Appeals - Philadelphia, Pennsylvania

These asbestos cases involve the availability of the
“bare-metal defense” under maritime law. The defense’s basic
idea is that a manufacturer who delivers a product “bare
metal”—that is without the insulation or other material that
must be added for the product’s proper operation—is not
generally liable for injuries caused by asbestos in later-added
materials. A classic sce... More...
   $0 (10-13-2017 - PA)

Gloria Prada v. Sherlock's Addison, LLC and Texas Healthcare Neck & Backs Clinics, P.A.

Gloria Prada appeals the trial court’s take-nothing summary judgment on her premises liability and negligent activity claims against Sherlock’s Addison, LLC. In a single issue, Prada contends the trial court erred in granting summary judgment because fact issues exist. Because Prada’s response to Sherlock’s Addison’s no-evidence motion did not address all the challenged elements of either claim, w... More...   $0 (10-12-2017 - TX)

City of Bedford v. Leah Smith Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S... More...
   $0 (10-12-2017 - TX)

City of Dallas v. Leslie Papierski Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the... More...
   $0 (10-05-2017 - TX)

Steven Douglas Pedro, M.D. v. Sherrie R. Lake Tarrant County Courthouse - Fort Worth, Texas

In a single issue in this accelerated interlocutory appeal, Appellant Steven
Douglas Pedro, M.D., appeals the trial court’s order overruling his objections to
Appellee Sherrie R. Lake’s second chapter 74 expert report and denying his
1See Tex. R. App. P. 47.4.
2
motion to dismiss. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(9) (West
Supp. 2016), § 74.351(b) (West 2017)... More...
   $0 (10-02-2017 - TX)

John Casserly v. The City of Delray Beach Palm Beach County Courthouse - West Palm Beach, Florida

The plaintiff appeals from the circuit court’s final order granting the City’s motion to dismiss the plaintiff’s complaint with prejudice. In the complaint, the plaintiff alleged, in sum, that the City’s negligence in failing to repair or warn against a pothole in the City’s street caused him injuries when he tripped over the pothole while rollerblading in the street. The circuit court reasoned th... More...   $0 (10-02-2017 - FL)

Heartland Express, Inc. of Iowa v. Mark Farber Duval County Courthouse - Jacksonville, Florida

Appellant, Heartland Express, Inc. of Iowa, appeals a final judgment entered in favor of Appellee, Mark Farber, as Limited Guardian of the Property of Juan Torres, and the trial court’s order granting a new trial. Appellant contends that the trial court erred in granting summary judgment on the issues of negligence and contributory negligence, in denying its motion for a directed verdict on the is... More...   $0 (10-01-2017 - FL)

Joey Miller v. Fortune Commercial Corporation

Joey Miller (Miller) sued defendant Fortune
Commercial Corporation, the owner and operator of a chain
of Seafood City markets, and several other defendants
(collectively, Defendants), because, allegedly, they illegally
denied him service when he tried to enter two different
Seafood City stores with his service dog. Miller alleged three
causes of action: violation of the Unr... More...
   $0 (09-25-2017 - CA)

Dr. Ghyasuddin Syed and Southeast Texas Institute of Pain Management, P.A. v. Phu Huu Nguyen, Pharm. D. PLLC d/b/a Wellness Pharmacy and Phu "Paul" Huu Nguyen Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellants, Ghyasuddin Syed, M.D. and Southeast Texas Institute of Pain Management, P.A. (“STIPM”), challenge the trial court’s order denying their motion to dismiss2 the claims brought against them by appellees, Phu Huu Nguyen, Pharm. D., PLLC, doing business as Wellness Pharmacy (“Wellness Pharmacy”), and Phu “Paul” Huu Nguyen, for slander, tortious interference wi... More...   $0 (09-23-2017 - TX)

Claudia A. Johnson v. Open Door Community Health Centers

Plaintiff Claudia Johnson appeals the trial court’s entry of summary judgment for
defendant Open Door Community Health Centers (“Open Door”), contending the trial
court’s application of the Medical Injury Compensation Reform Act’s (MICRA) (Code
Civ. Proc., § 340.5) one-year statute of limitations for professional negligence was error.
Guided by Flores v. Presbyterian Intercommunity... More...
   $0 (09-12-2017 - CA)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

United States of America v. $11,500 In United States Currency Ninth Circuit Court of Appeals - San Francisco, California

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. § 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p... More...
   $0 (09-06-2017 - OR)

Erika Grotheer v. Escape Adventures, Inc.

Plaintiff and appellant Erika Grotheer is a non-English speaking German citizen
who took a hot air balloon ride in the Temecula wine country and suffered a fractured leg
when the basket carrying her and seven or eight others crash landed into a fence.
Grotheer sued three defendants for her injuries: the balloon tour company, Escape
Adventures, Inc. (Escape), the pilot and Escape’s ... More...
   $0 (09-01-2017 - CA)

Staci Russell v. Lisa May, M.D., Victoria W. Kindel, M.D. and Tana Goering, M.D.

1.
A party who does not raise an issue in a petition seeking review of a Kansas Court
of Appeals decision fails to preserve the issue for review by the Kansas Supreme Court.
2.
On appeal from a decision regarding a motion for judgment as a matter of law
under K.S.A. 2016 Supp. 60-260(a), an appellate court applies the same standard as did
the district court ... More...
   $0 (08-31-2017 - K)

T.D. v. Kelcey Patton United States Court of Appeals - Denver, Colorado

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1
... More...
   $0 (08-30-2017 - CO)

United States of America v. Eddy Wilmer Vail-Bailon Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Florida felony battery is a crime of
violence under the Sentencing Guidelines. Defendant Eddy Wilmer Vail-Bailon
was convicted in 2014 of illegally reentering the United States, in violation of 8
U.S.C. §§ 1326(a) and (b)(1), after having been deported following a conviction
for felony battery under Florida Statute § 784.041. Base... More...
   $0 (08-25-2017 - FL)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Marlow Humbert v. Mayor and City Council of Baltimore City, et al.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department (“BPD”) officers led to Humbert’s unlawful arrest. Afterwards, the officers failed to inform the State’s Attorney that the victim could not positively identify Humbert and that D... More...   $0 (08-24-2017 - MD)

Coye Q. McMillan v. Joe Harris, Individually and as Representative of the Estate of Randi Harris

This interlocutory appeal concerns the adequacy of expert reports under the
standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code.
Ann. § 74.351 (West 2017). Dr. Coye Q. McMillan appeals the trial court’s order
denying his motion to dismiss a health care liability claim brought by Joe Harris,
individually and as representative of the estate of Randi ... More...
   $0 (08-17-2017 - TX)

Dioka Okorie v. Los Angeles Unified School District

In 2015, Dioka Okorie (Okorie) sued his employer, Los
Angeles Unified School District (LAUSD) and two of his
supervisors, Jacqueline Hughes (Hughes) and Cynthia
Jackson (Jackson) (collectively, Defendants), alleging, among
other things, discrimination, harassment, and retaliation.
In response, Defendants filed a special motion to strike the
complaint pursuant to section 425... More...
   $0 (08-17-2017 - CA)

Evanston Insurance Company v. Housing Authority of Somerset, Kentucky

In 2009, an old tree broke low on its trunk and fell on cousins
Kaitlyn Griffin and Joshua Thacker. The tree killed Kaitlyn and severely injured Joshua.
Kaitlyn was pregnant, and the doctors tried to save the baby, but he died an hour after being
born. Their families filed—and won—a state court lawsuit for nearly $4 million against the
Housing Authority of Somerset, which was found... More...
   $0 (08-15-2017 - KY)

James Mark Dunne v. Brinker Texas, Inc., Chili's Beverage Company, Inc., and Brinker International Payroll Company, L.P., D/B/A Chili's Grill & Bar, and Lois Ahlgrim

After James Mark Dunne (“Dunne”) was indicted for intoxication assault, he sued Brinker Texas, Inc., Chili’s Beverage Company, Inc. and Brinker International Payroll Company L.P., d/b/a Chili’s Grill & Bar, and Loius Ahlgrim (“Chili’s”) asserting a claim under the dram shop statute. See TEX. ALCO. BEV. CODE ANN. § 2.02 (West 2007). Dunne then asserted his Fifth Amendment privilege in response to C... More...   $0 (08-10-2017 - TX)

Melony Light v. California Department of Parks and Recreation

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts III and V.

Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney
General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for
Defendant and Respondent California Department of Parks and Recreation.
Plaintiff Melo... More...
   $0 (08-09-2017 - CA)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas ... More...   $0 (08-08-2017 - TX)

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