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Proximate Cause Law
 
STATE OF OHIO v. AVELARDO ROSALES

MATHIAS H. HECK, JR., by MICHAEL J. Avelardo Rosales appeals from his conviction and sentence on one count of
felony murder, one count of felonious assault, one count of discharging a firearm into a
habitation, and two firearm specifications.
{¶ 2} Rosales’ appointed appellate counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d ... More...
   $0 (01-21-2018 - OH)

STATE OF KANSAS v. JOSHUA MICHAEL MALL

On October 5, 2015, Mall made the fatal decision to drink alcohol and drive his truck. Unfortunately, Mall included his 6-year-old daughter, Madilyn, in that decision. After drinking nearly half of a bottle of whiskey and smoking some marijuana, Mall put Madilyn into his 2001 Ford Ranger and decided to drive. Mall sped down Tuttle Creek Boulevard in Manhattan, Kansas, weaving in and out of traffic... More...   $0 (01-16-2018 - KS)

Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

STATE OF IOWA vs. JEROMIE ALAN KRAMER Kramer guilty of child sexual abuse

In December 2015, the State charged Kramer by trial information with
indecent contact with a child. It was alleged the conduct occurred in December
2014, when P.W.—the complaining witness—was twelve years old and staying at
Kramer’s home.
The next day, the county attorney filed a motion to have a guardian ad litem
(GAL) appointed. The motion requested the attorney by na... More...
   $0 (01-12-2018 - IA)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

SOMVANG CHANTHASALO Vs. MELISSA DESHOTEL, DEBRA SCHUM, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RONALD J. MITCHELL, USAA CASUALTY INSURANCE COMPANY, AND PROGRESSIVE SECURITY INSURANCE COMPANY

On January 17, 2014, while traveling on Interstate-10, near the Williams
Boulevard and Loyola Street exits in Kenner, Louisiana, Ms. Deshotel’s vehicle
rear-ended Mr. Chanthasalo’s truck (“Accident No. 1”). After the collision, Mr.
Chanthasalo and Ms. Deshotel pulled their respective vehicles onto the shoulder of
the road to assess property damages and report the accident to t... More...
   $0 (01-06-2018 - LA)

STATE OF OHIO - vs - MARQUE DAQUAN BROWN

This case stems from an altercation that occurred between appellant and
his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date, appellant and
Taisha were 20 and 17 years old, respectively. Taisha was approximately seven or eight
months pregnant with appellant’s son. They resided together at the home of Taisha’s
mother, Marilyn Cedeno; Taisha’s brothers, Jose ... More...
   $0 (01-04-2018 - OH)

STATE OF OHIO - vs - KYLE W. M. STARKEY

On September 2, 2015, the Ashtabula County Grand Jury issued an
Indictment, charging Starkey with Murder (Count One), an unclassified felony, in
violation of R.C. 2903.02(A); Murder (Count Two), an unclassified felony, in violation of
R.C. 2903.02(B); Felonious Assault (Count Three), a felony of the second degree, in
violation of R.C. 2903.11(A)(1); Tampering with Evidence (Cou... More...
   $0 (01-04-2018 - OH)

Josh Finkelman v. National Football League, et al. United States Third Circuit Court of Appeals

Plaintiff Josh Finkelman had the once-in-a-lifetime
opportunity to buy tickets to Super Bowl XLVIII held in his
home state of New Jersey in February 2014. However, the
National Football League (“NFL”) withheld almost all of these
tickets—99%—from the general public for league insiders,
offering the remaining 1% to lucky winners of a lottery that all
could enter. To get his ... More...
   $0 (12-30-2017 - NJ)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

State of Ohio v. Donald Christon

Appellant, Donald J. Christon, III, lived with his mother, Juanita Wilson,
along with her young grandson Delbert Lear, and the victim, Tony Wilson, variously
described in the record as appellant’s older brother, half-brother or cousin.
{¶ 3} In the early hours of June 16, 2015, appellant used a butcher knife to stab the
victim five times in the chest, left arm and back. Appell... More...
   $0 (12-23-2017 - OH)

STATE OF OHIO v. WILLIAM T. BROWN

In Case No. 2014 CR 01637, a Montgomery County grand jury issued an
indictment against Brown on May 29, 2014, charging him with one count of aggravated
robbery in violation of R.C. 2911.01(A)(1), plus a firearm specification; one count of theft
in violation of R.C. 2913.02(A)(1), plus a firearm specification; and one count of having a
weapon while under disability in violation ... More...
   $0 (12-23-2017 - OH)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

William Costley v. Landry's, Inc.

William Costley sued Landry’s Inc. for injuries sustained during a visit to perform maintenance on an air conditioning unit. He asserted a premises liability claim. Landry’s filed a traditional and no-evidence motion for summary judgment, which the trial court granted. In two issues on appeal, Costley argues that Chapter
2
95 of the Texas Civil Practice and Remedies Code does not preclude ... More...
   $0 (12-21-2017 - TX)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

Janie Meza v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

Sometime after 11:00 p.m., Walter Ortiz Gonzalez, an employee of the InTown Suites
hotel, received a telephone call from a guest, who was concerned about a “little girl” running
around in the building. Upon investigation, Mr. Gonzalez saw a little girl running around in the
building and climbing on the third floor balcony. Mr. Gonzalez stated he did not see an adult with
the ... More...
   $0 (12-17-2017 - TX)

The City of The Colony, Texas v. Mark and Kim Rygh

The primary question in this interlocutory appeal from the denial of Appellant The City of The Colony, Texas’s jurisdictional plea is whether a nexus
1See Tex. R. App. P. 47.4.
2
exists between the City’s use of a “Vac” truck to clear a blockage in a sewer main and the property damage that Appellees Mark and Kim Rygh sustained when their residence flooded with raw sewage. Because we re... More...
   $0 (12-14-2017 - TX)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

STATE OF IOWA vs. DARRYL B. SHEARS Iowa Court of Appeals

In this appeal of a restitution order, we are asked to resolve whether it is
foreseeable that police officers would end a high-speed chase of the van driven by
Darryl Shears by hitting his van with their police vehicles. Because we find such
actions foreseeable, we affirm the restitution order.
On February 11, 2016, the City of Davenport filed a restitution claim for More...
   $0 (12-06-2017 - IA)

Joyce Bartholomew v. Youtube, LLC

We are asked in this case to decide whether a musician stated a claim for libel per
quod against the popular video viewing Web site, YouTube. When YouTube decided to
block access to Joyce Bartholomew’s video, it posted a statement that the video had
violated YouTube’s terms of service, a statement which also provided a hyperlink to a list
of examples and tips, a list YouTube called... More...
   $0 (12-03-2017 - CA)

Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed... More...
   $0 (11-23-2017 - TX)

Roberta Benson v. Fred Chalk, Individually, and Steve Chalk, Individually and as next friend of Drucilla Henkhaus Harris County Courthouse - Houston, Texas

Appellant, Roberta Benson, challenges the trial court’s judgment, entered after a jury trial, in the suit for negligence and wrongful death1 brought against her by appellees, Fred Chalk, individually, and Steve Chalk, individually and as next friend of Drucilla Henkhaus (the “Chalks”). In six issues, Benson contends that the trial court erred in admitting a video recording of an out-of-court exper... More...   $0 (11-23-2017 - TX)

Larry Alexander, et al. v. Ingram Barge Company Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

At 5:33 in the evening on April 18, 2013,
a 14‐barge tow pushed by the M/V Dale A. Heller was sucked
into a powerful cross‐current and broke up. Some of the
barges crashed (or allided, as mariners would say) into the
Marseilles Dam; some sank; some were saved. The accident
happened during record‐breaking rains and high water, and
2 No. 16‐4264
a ... More...
   $0 (11-21-2017 - IL)

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