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Res Ipsa Loquitur Law
 
Johnson John v. Saint Francis Hospital, Inc., Neurological Surgery, Inc. and Douglas Koontz, M.D.

On October 30, 2012, Saint Francis Hospital, Inc., Neurological Surgery, Inc., and Douglas Koontz, M.D. (collectively Petitioners) performed decompressive laminectomies of Respondent's, Johnson John (Patient), spine at the C2-3, C3-4, C4-5, C5-6 and C6-7 regions. After the operation, Patient allegedly became partially paralyzed, suffered constant pain, was hospitalized for four months and submitte... More...   $0 (10-29-2017 - OK)

Johnson John v. Saint Francis Hospital, Inc., Neurological Surgery, Inc. and Douglas Koontz, M.D. Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The dispositive issue on appeal is whether the thrice incarnated affidavit of merit requirement found in Okla. Stat. tit. 12, § 19.1 (Supp. 2013), is unconstitutional. In the wake of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, its sequel Wall v. Marouk, 2013 OK 36, 302 P.3d 775, and upon reexamination of the Oklahoma Constitution, the inevitable conclusion is that section 19.1 is an impermissibl... More...   $0 (10-25-2017 - OK)

John PD Doe v. San Diego-Imperial Council


I.
INTRODUCTION
Plaintiff John PD Doe was sexually abused by a Boy Scout master beginning in
1998 and continuing for a number of years at a ranch owned and operated by the
2
defendants, San Diego-Imperial Council and Boy Scouts of America (the defendants). In
2013, many years after the abuse and after Doe obtained psychological therapy, he filed
this action agains... More...
   $0 (10-19-2017 - CA)

Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc. Western District of Louisiana - Shreveport, Louisiana

Appellant Bryant Lyles was admitted to LSU Health Sciences Center Shreveport (“LSUHSC”) on May 9, 2013, and underwent anterior corpectomy and discectomy surgery on May 10, 2013. A Verte-Stack implant, a vertebral body replacement device, was placed in Lyles’s cervical spine, along with Progenix, a putty-like bone graft material that was mixed with bone dust. An Atlantis Translations Anterior Cervi... More...   $0 (09-15-2017 - LA)

STATE OF OHIO VS. LARRY DAWSON Deliberations continue in Youngstown toddler murder case

Appellant and Rhea Stewart had one child, RayVon; the child was born September 8, 2011. Tr. 259. Although Appellant and Steward were not together, Appellant spent time with the child. Tr. 266, 271. On Saturday, December 8, 2012 Stewart took the 15 month old toddler to stay with Appellant for a couple days; the toddler was scheduled to stay at Appellant’s house on 3031 Oregon Street, Youngstown... More...   $0 (06-01-2017 - )

Kevin D. Fields v. Good Shepherd Hospital, Inc., d/b/a Good Shepherd Medical Center

In his second attempt at providing a qualifying expert report to support his health care liability claim against Good Shepherd Hospital, Inc., d/b/a Good Shepherd Medical Center, Kevin D. Fields filed a report that Good Shepherd attacked as being deficient.1 The trial court, agreeing that Fields’ second report also failed to comply with the statutory requirements, dismissed Fields’ claims with pre... More...   $0 (05-31-2017 - TX)

Rhonda E. Roach and E. Dale Roach v. Associates Anesthesiologists, Inc., P.C., Saint Francis Hospital, et al.

Tulsa, OK - Rhonda E. Roach and E. Dale Roach sued Associates Anesthesiologists, Inc., P.C., Raenalle J. Degidio, CRNA, Dennis Morris, M.D., Christopher D. Emerson, M.D., Kent Alan Woolard, M.D., Saint Francis Hospital, Inc. and Saint Francis Health System, Inc. on medical negligence theories claiming to have been injured and/or harmed as a direct result of substandard health care provided to Uria... More...   $0 (11-04-2016 - OK)

JHONHENRI JABRILLE LEE v. DIANA CATALINA SALGADO BUENO

On or about October 9, 2014, Plaintiff/Petitioner Jhonhenri Jabrille Lee (Lee) was involved in a motor vehicle collision with Defendant/Respondent Diana Catalina Salgado Bueno (Bueno). Lee was driving a vehicle that was struck from behind by a vehicle driven by Bueno at the intersection of NW Expressway and Blackwelder in Oklahoma City, Oklahoma. The collision pushed Lee's vehicle into the vehicle... More...   $0 (09-23-2016 - Ok)

Amanda Gilreath, et al. v. Chattanooga-Hamilton County Hospital Authority, et al.

On February 1, 2011, Amanda Gilreath presented to Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System (“Erlanger”) in Chattanooga, Tennessee, complaining of low back pain, an inability to urinate, and numbness of her lower extremities. She advised the medical providers, including the nurses and emergency room physicians, that she had received a diagnosis of cauda equina sy... More...   $0 (06-21-2016 - TN)

DES MOINES FLYING SERVICE, INC. vs. AERIAL SERVICES INC.; CEDAR VALLEY AVIATION, LLC; and KIRK P. FISHER

On February 20, 2009, Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc. (ASI), brought a Piper 522AS (Cheyenne II) in for maintenance to Des Moines Flying Service, Inc. (DMFS). Among numerous other checks and repairs, DMFS noted both the pilot’s and copilot’s windshields were “delaminated” and installed new windshields. The replaced windshields were original to the aircra... More...   $0 (06-09-2016 - IA)

STATE OF NEW JERSEY VS. ARTHUR RYAN KUREK

Defendant Arthur Ryan Kurek appeals from his convictions
and sentences for refusal to submit to an Alcotest in violation
of N.J.S.A. 39:4-50.2 and reckless driving in violation of
N.J.S.A. 39:4-96 following trial de novo in the Law Division.
Defendant asserts he was denied a speedy trial, not informed of
all material consequences resulting from a refusal to submit to
... More...
   $0 (06-02-2016 - NJ)

Angela Yetter and Mark Blakely v. Zrzo, Inc., Oneoke, Inc. d/b/a Oklahoma Natural Gas Company, American Telegraph and Telephone Company d/b/a AT&T, Inc.

Oklahoma City, OK - Angela Yetter and Mark Blakely sued Zrzo, Inc., Oneoke, Inc. d/b/a Oklahoma Natural Gas Company, American Telegraph and Telephone Company d/b/a AT&T, Inc. on premises liability theories claiming:

1. That Plaintiffs were at all relevant times a resident of Cleveland County, State of Oklahoma

2. That Defendant Arzo Inc. (hereinafter, "Arzo"), is an Oklahoma Corp... More...
   $1 (05-10-2016 - OK)

Izzarelli v. R.J. Reynolds Tobacco Co

We have been asked by the United States Court of Appeals for the Second Circuit to consider whether the ‘‘[g]ood tobacco’’ exception to strict products liability contained in comment (i) to § 402A of the Restatement (Second) of Torts1 precludes an action in this state against a cigarette manufacturer for including additives and manipulating the nicotine in its cigarettes in a manner that ultimatel... More...   $0 (04-25-2016 - CT)

Cooper Singletary, et al. v. Gatlinburlier, Inc. et al.

While visiting Gatlinburlier Tobacconist, a retail store located in the Mountain Mall in Gatlinburg, Tennessee, Carol Singletary unexpectedly fainted and fell into an antique glass display case located in the store. The glass in the display case shattered and a triangular shard of glass pierced Ms. Singletary‟s chest, lacerating her aortic arch and causing her to hemorrhage. Tragically, Ms... More...   $0 (04-25-2016 - TN)

Steven Reginella, et al. v. Target Corporation

On June 22, 2008, Evelyn Gustafson, plaintiff’s decedent, went shopping at a Target 3
store. While shopping, the seventy-six-year-old woman attempted to use a restroom made 4
available for elderly and disabled individuals and, upon entering the restroom, fell. Gustafson 5
was then taken to a hospital and found to have fractured her hip. On July 25, 2008, Gustafson 6
brought s... More...
   $0 (04-22-2016 - NY)

Tyler Puckett v. Christine Zenthoefer

Tulsa, OK - Tyler Puckett sued Christine Zenthoefer on a premises liability theory claiming:

I. Plainti ff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant Christine Zenthoefer was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant Chris Zenthoefer was at all material times upon information and belief a... More...
   $1 (04-06-2016 - OK)

Donna S. Lawson v. Marc Rocklin, M.D., Tulsa Colon and Rectal Surgery, Inc.

Tulsa, OK - Donna S. Lawson sued Marc S. Rockland, M.D., Tulsa Colon and Rectal Surgery, Inc. and Saint Francis Hospital, Inc. on medical negligence (medical malpractice) theories claiming:

Plaintiff went to Dr. Rocklin for a routine removal of polyp on her colon. During the surgery Dr. Rocklin recklessly and negligently lacerated Mrs. Lawson's right iliac vein and also her presacral vein... More...
   $0 (04-01-2016 - OK)

Elizabeth Speaks v. David Bobb, M.D.

Norman, OK - Elizabeth Speaks sued David Bobb, M.D. on a medical negligence theory (medical malpractice) claiming:

1. abeth Speaks was scheduled for and did have surgery on her left ankle at Physicians Surgical Center on or about December 24, 2008.

2. The surgery was performed by David W. Bobb, M.D. and David W. Bobb, MD was the attending anThe acts complained of herein occurre... More...
   $0 (03-21-2016 - OK)

Baldwin v. RHA Health Servs., Inc

In October 2012, Tabatha Baldwin (“Ms. Baldwin”) was a resident of Southern
Avenue Home, a long-term residential facility for developmentally disabled persons,
located in Fayetteville, North Carolina and operated by Defendant. Ms. Baldwin was
profoundly mentally retarded and unable to communicate verbally.
At approximately 11:51 a.m. on 7 October 2012, the staff at Southern ... More...
   $0 (03-01-2016 - SC)

Elizabeth Speaks v. Physicians Surgical Center, L.L.C. and David B. Bobb, M.D.

Norman, OK - Jury Finds in Favor of Doctor On Medical Malpractice Claims

Elizabeth Speaks sued Physicians Surgical Center, L.L.C. and David B. Bobb, M.D. on medical malpractice and respondeat superior theories claiming:

1. The acts complained of herein occurred at 805 East Robinson, Norman, Oklahoma, on or about December 24, 2008.

2. Elizabeth Speaks was scheduled for a... More...
   $0 (02-17-2016 - OK)

Brenda Osunde, et al v. Delta Medical Center

On October 14, 2011, Mrs. Osunde presented to Delta Medical Center complaining of pain in her left ankle.1 After she arrived at the hospital, Mrs. Osunde was taken to the radiology department for an x-ray. In connection with the x-ray, a radiology technician instructed Mrs. Osunde to stand up on a stool. According to Mrs. Osunde‟s deposition testimony, the stool presented by the technicia... More...   $0 (02-11-2016 - TN)

Johnny Six v. Jaems LeRoy Sawyer

Tulsa, OK - Texas Draw in Tulsa, Oklahoma Neighbor Shooting Neighbor Case

Johnny Six sued James LeRoy Sawyer on a civil assault and battery theory seeking to recover of the injuries and damages sustained by him as a result of being shot in the legal by Sawyer with a .410 shotgun claiming:

1. Plaintiff, JOHNNY SIX, (hereinafter Six) is an individual person who was a resident of Tu... More...
   $500 (02-02-2016 - OK)

Brandy Summers v. Jason Scott Summers

Claremore, OK - Brandey Summers, an individual and as Mother and Next Friend of J.S., J.S., J.S. and J.S. sued Jason Scott Summers, a/k/a Jason S. Summers, a/k/a Jason Summers on negligence theories claiming:

1. Plaintiffs were at all material times residents of Rogers County, Oklahoma.
2. Defendant was at all material times upon information and belief a resident of Mayes County, Okl... More...
   $0 (01-27-2016 - OK)

Wendell Graham v. Adam Robins a/k/a Adam B. J. Robins, a/k/a Adam Blake Jonathan Robbins, a/k/a Adam Blake Robins, a/k/a Adam Jonathan Robbins, Pamela Olson a/k/a Pamela J. Olson, Cathy Gruse a/k/a Catherine Cruse

Tulsa, OK - Wendell Graham sued Adam Robins a/k/a Adam B. J. Robins, a/k/a Adam Blake Jonathan Robbins, a/k/a Adam Blake Robins, a/k/a Adam Jonathan Robbins, Pamela Olson a/k/a Pamela J. Olson, Cathy Gruse a/k/a Catherine Cruse on auto negligence theories claiming:

1. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant Robbins was at all material tim... More...
   $1 (01-20-2016 - OK)

Thomas Shaw v. Seth Michael Korey Marquette a/k/a Seth M.K. Marquette, a/k/a Seth Marquette

Tulsa, OK - Thomas Shaw sued Seth Michael Korey Marquette a/k/a Seth M.K. Marquette, a/k/a Seth Marquette on an auto negligence theory claiming:

I. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant John Doe, a business entity, is a business ... More...
   $1 (01-11-2016 - OK)

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