http://www.morelaw.com Collision Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34717&s=WV&d=41895 This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called DOH). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=34725&s=WV&d=41894 This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as State Farm), was required to defend and in Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-08-0271,%20S-08-0272&s=WY&d=41893 [1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophys vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.[2] In their Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1521&s=&d=41924 This action arises under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. Hans-Gerd Rasenack seeks accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator (collectively, AIG). The district court reviewed the administrators denial of benefits under an arbitrary and capricious Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-17383&s=NV&d=41840 Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim.The injured party, Northwest Airlines, whose a Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=4625&s=SC&d=41799 In this tort action, Western Carolina Regional Sewer Authority (WCRSA) appeals (1) the trial court's denial of motions for directed verdict and judgment notwithstanding the verdict, based on an alleged lack of proximate cause; (2) the trial court's instruction to the jury; and (3) the trial court's denial of a motion to set-off the verdict by the amount the plaintiff received in settling with a n Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CIVSS%20800884 &s=CA&d=41703 Michael Nelsen, age 29, sued Hillyard, Inc. on an auto negligence theory claiming that as a direct result of the failure to exercise due care on the part of a Hillyard truck driver, the car in which Nelsen was a passenger was rearended on August 17, 2007 and he was severely injured. Plaintiff claimed that he vehicle in which he was a passenger was traveling about 15 mph and was hit by the Hillyard Sat, 17 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=W2008-02605-COA-R3-CV&s=TN&d=41687 On January 2, 2004, Judith Long (Defendant) caused a minor automobile accident. She was stopped at a red light behind another vehicle, on a multi-lane highway. To her immediate left was a left-turn lane, and when the left turn arrow appeared, the vehicles in that lane proceeded forward. Although the light for Defendants lane remained red, she also proceeded forward approximately two feet Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41678 Drew Bianchi sued truck drivers Samuel Bimbela and Michael Demma and Gordon Trucking Company on auto negligence and respondeat superior theories for the injuries and damages that he sustained in a truck wreck in May of 2007. Bianchi's Toyota Avalon was hit by semi-tractor trailer rigs driven by Bimbela and Demma. Bianchi suffered brain damage as a result of head injuries that he sustained in the Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=70A01-0902-CV-72&s=IN&d=41708 Appellant-Plaintiff, Ronald Hillebrand (Hillebrand), appeals the trial courts Order on Petition for Instruction and Request for Additional Attorneys Fees and Additional Personal Representative Fees in favor of Appellee-Defendant, the Supervised Estate of Charlotte Fern Large (the Estate), which directs attorney fees to be deducted from the wrongful death settlement. We affirm.ISSUEHillebrand Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=5-08-0088&s=IL&d=41640 The plaintiff, American Family Mutual Insurance Company (American Family), filed in the circuit court of St. Clair County a complaint to enforce an arbitration award. The circuit court granted a motion to dismiss filed by the defendant, Diane Stagg, and American Family appeals. We affirm.FACTSStagg entered into a contract for automobile insurance with American Family. The policy American Family is Mon, 12 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07–1595&s=IA&d=41645 The United States District Court for the Southern District of Iowa certified two questions to this court arising out of a products liability action. The two certified questions are:1. Will the Iowa Supreme Court adopt sections 16 and 17 of the Restatement (Third) of Torts: Products Liability governing liability for enhanced injury, specifically, including rules of joint and several liability and Fri, 9 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=9-446%20/%2008-1634&s=IA&d=41716 Laura Stoneking appeals from the district courts order granting Federated Mutual Insurance Companys motion for summary judgment. Stoneking filed a petition seeking payment of underinsured motorist (UIM) benefits from Federated after she was seriously injured in an automobile collision while a passenger in a vehicle operated by T.C. Ryan Lee Simon.1 Stonekings father, Dennis Stoneking, had Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2044&s=NV&d=41593 Appellant Dionicia Delgado was injured when the automobile in which she was a passenger collided with another automobile, allegedly as a result of the drivers concurrent negligence. In this appeal, we consider whether a passenger, such as Dionicia, may recover under the permissive drivers insurance policy both liability benefits based on the policyholders negligence and underinsured moto Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-30309&s=LA&d=41500 This case arises out of a motor vehicle collision between Roger Anthony and Jan Stanislaw. The parties reached a settlement before a trial on the merits, and the district court dismissed without prejudice. Anthony filed a consent motion seeking dismissal with prejudice, which the district court granted. Defendants successfully moved to rescind that order under Federal Rule of Civil Procedure 60(b) Sat, 3 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B212854&s=CA&d=41591 This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured d Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14-08-00531-CV&s=TX&d=41823 This interlocutory appeal[1] arises from the trial court=s denial of a plea to the jurisdiction filed by appellant, the City of Pasadena. Appellant asserts governmental immunity from a personal-injury lawsuit involving a Pasadena police officer who was involved in an automobile collision while responding to an emergency dispatch. The driver of the other vehicle, appellee James West, contends tha Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=WD69886&s=MO&d=41562 American Family Mutual Insurance Company appeals the circuit court's judgment in garnishment in favor of Chrystal Lunde arising from a default judgment. American Family contends that the circuit court erred in: (1) finding that Carol Scardacci's bankruptcy filing had no effect on the default judgment, and (2) finding that the insurance policy required American Family to pay post-judgment interest. Tue, 29 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=3D07-1052&s=&d=41407 Iris Probkevitz, as Personal Representative of the Estate of Denise Probkevitz, appeals the denial of her motion for new trial and the entry of an adverse final judgment in this wrongful death action. We reverse and remand for a new trial because the trial court impermissibly allowed the introduction of evidence of negligence and allowed the jury to consider such evidence. Furthermore, the trial c Thu, 24 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20UT%2061&s=UT&d=41480 1 This case comes to us on appeal from the district courts grant of summary judgment in favor of defendant Utah Railway on plaintiff Scott Raabs negligence claims brought under the Federal Employers Liability Act (FELA) and the Federal Locomotive Inspection Act (FLIA).1 Raab seeks recovery for injuries suffered when he struck his head on an after-market air conditioning unit in Fri, 18 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=E047002&s=CA&d=41338 The present appeal is from a judgment entered after the trial courts grant of defendant State Farm Mutual Automobile Insurance Companys (State Farm) motion for nonsuit, following plaintiffs opening statement.Plaintiff/appellant Bryan Cooper was an insured of State Farm. He was involved in a single car accident allegedly caused by a tread separation of the right rear tire. As part of the c Thu, 17 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-4019&s=UT&d=41262 We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir. 2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Natl Ins. Co., 868 F.2d 357 (10th Cir. 1989)). Federal regulations require interstate trucking companies to mai Sun, 13 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-15239&s=HI&d=41253 For a second time, plaintiff Christopher MacDonald appeals the district courts judgment after a bench trial in his Jones Act suit against defendant Kahikolu, Ltd. MacDonald worked as a crew member aboard one of Kahikolus ships and was injured while performing a free dive, an underwater dive done on a single breath without scuba equipment or other underwater breathing apparatus. In a pr Thu, 10 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=IL&d=41225 On April 19, 2004, Andrzej Chraca, the son of Polish immigrants, was driving southbound on Wright Blvd. near the intersection of South Frontage Road for the Elgin OHare Expressway in Schaumburg. At the same time, Steve Miles, a state I.D.O.T. employee was driving eastbound on South Frontage Road. Both drivers claimed they entered the intersection on a green light and both drivers sued each ot Thu, 10 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=ED92492&s=MO&d=41329 In a declaratory judgment action filed by Plaintiff American Family Mutual Insurance Company (American Family) against Defendants Otis St. Clair, personal representative for the estate of deceased Montrell St. Clair (Driver), and Driver's passenger Anastasia McNutt (Passenger), (collectively referred to as Appellants), Appellants appeal the trial court's summary judgment order against them and in Tue, 8 Sep 2009 00:00:00 CST