http://www.morelaw.com Assault and Battery 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=2009%20OK%2082&s=OK&d=42006 1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.Mr. Smith alleged t Mon, 16 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4456&s=OH&d=41908 This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-5169&s=OK&d=41925 Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41795 Sean Levens and Scott Nunley sued Stephen Watson on a civil assault and battery theory and the Salvation Army on negligence and respondeat superior liability theories after they were attacked and beaten by Watson and others at the Salvation Army's Lytton Springs facility. Plaintiffs claimed that the Salvation Army acted negligently when it hired Watson to supervise more than 90 recovering addict- Sat, 24 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-6000&s=OK&d=41852 Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (Plaintiffs) appeal the district courts grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriffs Deputy David Swearingen, and Pottawatomie County Sheriffs Deputy Anthony Rodriguez (Defendants Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2258&s=NM&d=41849 Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district courts judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.I. BackgroundThe main issue relevant to the disp Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2712&s=MO&d=41661 Diane Cook (Diane) and Michael Cook (Michael) (collectively, Cooks), filed suit against Chief of Police Edward Locke Jr. (Chief Locke) and the City of Bella Villa (City) (collectively, Appellees) for alleged federal civil rights violations. The Cooks included supplemental state law claims against Chief Locke for malicious prosecution and indecent assault and battery, and against the City on a theo Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3252&s=OH&d=41632 Plaintiff William R. Harris, Jr. (Harris) filed state law claims and claims under 42 U.S.C. 1983 alleging that he was subjected to excessive force and inadequate medical care, and discriminated against on account of his race, in violation of his constitutional rights, while being booked at the Circleville City Jail on April 3, 2004. The issue before this Court is whether the district cour Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2006%20cv%2000352-jm&s=NH&d=41423 Shawn Cheever sued New Hampshire prison guards Kevin Valenti and Michael Edmark on civil rights violation and assault and battery theories under 42 U.S.C. 1983 claiming that defendants "maliciously and sadistically" used force against him after he became anxious and depressed inside the New Hampshire state prison where he was incarcerated and asked to see a mental health counselor. Cheever, age 2 Sat, 26 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=H031019&s=CA&d=41378 In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter 1983 action) alleging that the City unlawfully retaliated agains Tue, 22 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=278%20Neb.%20547&s=NE&d=41643 Nancy Sachs and Richard Sachs were allegedly killed by carbon monoxide poisoning after Omaha Gas Appliance Co., doing business as Rybin Plumbing and Heating (Rybin), failed to properly repair and maintain a gas boiler in their home. Victoria M. Beck is the personal representative of the estate of Nancy Sachs and special administrator of the estate of Richard Sachs, and in those capacities, she bro Fri, 18 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C057324&s=CA&d=41140 Not all of the opinions of the California Supreme Court have stood the test of time.1 So it may be with respect to an issue raised in this case.During the Porn Star Costume Ball at a Sacramento hotel in 2004, a Sacramento Fire Department Captain allegedly allowed firefighters to attend the event and even to drive a fire truck there and use it to pick up women.The situation led to a lawsu Mon, 31 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41058 Nshan "Nish" Minasian, age 59, sued Club One casino on negligence, false imprisonment, and civil assault and battery theories claiming that the casino's security guards roughed him up after he got into an argument with a car dealer on August 24, 2007. Plaintiff suffered a torn rotator cuff when the guards cuffed his hands behind his back for which he has had three surgeries. Plaintiff claimed tha Fri, 21 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=G036896&s=CA&d=40857 At first we did not know what to make of this case. There was a $10 million judgment obtained by a nationwide groundwater pumping and control company, against its liability insurer. The compensatory damages -- all of which consisted of the attorney fees and costs incurred to sue the insurer for the $10 million -- were about $1 million.1 What foul deeds had the insurer committed, we wondered, that Tue, 4 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S155129&s=CA&d=40856 This case involves an insurance policy that covers injury resulting from an accident. After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policys coverage of an accident. Does the insurance company have Tue, 4 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%20137%20September%20Term,%202008&s=MD&d=40790 In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare providers treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac Fri, 24 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=43%20MAP%202007&s=PA&d=40771 Under the Pennsylvania Human Relations Act (PHRA), 43 P.S. 951-963, employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. See 43 P.S. 954 (defining employer), 955 (listing unlawful discriminatory practices). At common law, an employer may terminate an at-will employee for any reason unless that reason violates a clear Mon, 20 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-12199&s=AL&d=40719 The plaintiffs, David Corbitt and Alexander Raya (collectively, Appellants), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (Home Depot), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e2000e-17, and their state law claims of assault and battery, outrage, and invasion of p Fri, 10 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-12199&s=AL&d=40602 The plaintiffs, David Corbitt and Alexander Raya (collectively, Appellants), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (Home Depot), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e2000e-17, and their state law claims of assault and battery, outrage, and invasion of p Fri, 10 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20ME%2067&s=ME&d=40747 [1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin Tue, 7 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-16100&s=FL&d=40613 This case involves the use of deadly force by police officers responding to a 911 call of a suicidal, armed man named John Garczynski (Garczynski). The Estate of Garczynski (the Estate) sued Sheriff Ric Bradshaw of the Palm Beach County Sheriffs Office (PBSO) in his official capacity and several police officers in their individual capacities for violations of Garczynskis Fo Tue, 7 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1%20CA-CV%2008-0027&s=AZ&d=40001 1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part.I.2 On Wednesday, March Tue, 12 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A121002&s=CA&d=39996 Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erikas parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.BACKGROUNDThe Fact Tue, 5 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=02-08-00437-CV&s=TX&d=39914 In this interlocutory appeal, Appellant Robert G. Ranelle, D.O. challenges the trial court=s order denying his motion to dismiss Appellees Herschel and Pamela Beaverses= health care liability claims for the failure to file an adequate expert report. We affirm. II. Factual and Procedural HistoryOn May 29, 2008, the Beaverses filed health care liability claims agai Thu, 30 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3241&s=PA&d=39740 This appeal raises a discrete issue involving a malicious prosecution claim brought under 42 U.S.C. 1983 and Pennsylvania state law: Whether a conviction for disorderly conduct and a contemporaneous acquittal for aggravated assault and public intoxication under the relevant Pennsylvania statutes constitute a favorable termination of the state criminal proceeding against the plaintiff whose inte Thu, 23 Apr 2009 00:00:00 CST