http://www.morelaw.com Common Carrier 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=081718&s=VA&d=41952 The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.II.Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs). Kellermann al Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-07-403-CV&s=TX&d=41554 Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu Thu, 1 Oct 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=No.%202154%20September%20Term,%202006&s=MD&d=41222 This case arises from a tragic accident that led to the death of thirty-five year old Robert Collins (the Decedent). In the early morning hours of February 17, 2005, just south of Havre de Grace, Maryland, the Decedent was working as an Electric Traction Lineman for appellee/cross-appellant, National Railroad Passenger Corporation (Amtrak), as a member of a five-man crew headquartered Thu, 27 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A138202&s=OR&d=40915 Plaintiff,(1) a passenger on a bus owned and operated by Tri-County Metropolitan Transportation District of Oregon (Tri-Met), brought this negligence action against Tri-Met, alleging that she fell from her seat because of the bus driver's negligent operation of the bus. Tri-Met moved for summary judgment under ORCP 47 on plaintiff's claim, and the trial court granted the motion, reasoning that, a Wed, 5 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=a3780-07&s=NJ&d=40782 We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning of any e Wed, 29 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B206259&s=CA&d=40863 Eduvigis Diaz appeals from the judgment entered in this personal injury action after a jury found the Los Angeles County Metropolitan Transportation Authority (MTA) and its employee, Omar Forero, were not negligent in connection with injuries Diaz sustained when an MTA bus in which she was a passenger collided with a car stopped in front of it. Diaz contends the court erred in refusing to instruct Mon, 20 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=100,041&s=KS&d=40087 Santa Rosa KM Associates, LTD., P.C. (Santa Rosa), challenges the validity and enforceability of the prepayment provision in a promissory note held by Principal Life Insurance Company and serviced by Principal Real Estate Investors, LLC. (collectively Principal). In its cross-appeal, Principal challenges the district court's denial of attorney fees after Principal was granted summary judgment on S Thu, 14 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-4070&s=UT&d=39816 J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively Simplot) sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively Chevron) for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favo Fri, 24 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008-499&s=NH&d=39642 NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by Wed, 8 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-56831&s= C&d=39148 Plaintiffs in this case include the following parties: 1 Regal-Beloit is a non- California corporation with an office in Beloit, Wisconsin that purchased a cargo of electric motors to be shipped from Shanghai, China to Indianapolis, Indiana; Victory is a corporation authorized to do business in California with an office in Ellsworth, Wisconsin that purchased a cargo of fireworks to be shipped from Tue, 17 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3548&s=MN&d=39091 Firstcom, Inc. (Firstcom) appeals the district courts1 order dismissing all of its claims against Qwest Corporation (Qwest). We affirm. 2ILECs are existing telephone companies, which previously held monopolies, Sw. Bell Tel., L.P. v. Mo. Pub. Serv. Commn, 530 F.3d 676, 680 (8th Cir. 2008); see 47 U.S.C. 251(h), whereas CLECs are newcomers, Sw. Bell Tel., L.P., 530 Mon, 9 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-56831&s=CA&d=38980 This case requires us to determine which federal statute governs a maritime case about a train wreck, where the parties agreement for carriage of goods from China into the United States by sea and then by rail included a Tokyo forum selection clause that would violate one federal law, but would be enforceable under another. See Norfolk S. Ry. Co. v. Kirby, 543 U.S.14, 18 (2004). Regal-Bel Mon, 9 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SU-07-0076&s=RI&d=39339 This case came before the Supreme Court on November 3, 2008, on appeal by the plaintiffs, eight automobile-tow operators authorized to do business in the State of Rhode Island and the Rhode Island Public Towing Association, Inc., a Rhode Island corporation that represents the majority of tow operators in Rhode Island (collectively plaintiffs). The plaintiffs appeal from a Superior Court judgment d Wed, 14 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-15488&s=FL&d=38769 In this case, Ace Seguros, S.A. (Ace) sued Werner Enterprises, Inc. (Werner) to recover the full value of a shipment of lost cell phones under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 14706 (Carmack Amendment). The district court, in a summary judgment ruling in favor of Werner, sustained Werners limitation of its liability. Ace appeals. Communicacion Mon, 12 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008%20MT%20424&s=MT&d=38449 1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.FACTUAL AND PROCEDURAL BACKGROUND2 Sinclair was an employee of BNSF from 1994 to 2001. In December 2001, Sinclair report Tue, 16 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10149&s=MA&d=38123 In the early morning of August 12, 2001, several people were seriously injured, and one man killed, in an automobile accident caused by an intoxicated driver, William Powers (Powers). [FN3] Powers, along with five other men, had attended a bachelor party prior to the accident. To get to the party, the group hired a private carrier, [FN4] Ultimate Livery Service, Inc. (Ultimate), which drove them f Wed, 26 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A119046&s=CA&d=38060 Plaintiffs appeal presents two questions never before decided in California:(1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I, section 17. We answer yes to the f Fri, 14 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C055656&s=CA&d=38063 This appeal is from a trial court order prohibiting the defendant Union Pacific Railroad Company (Union Pacific) from compelling plaintiff Carlyle Pratt to attend a medical examination or conducting a disciplinary hearing to terminate Pratts employment for refusing to provide it with medical evidence justifying his continued absence from work. In the underlying suit, Pratt filed suit against hi Wed, 12 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1207-cv&s=NY&d=38129 Two years ago this Court examined the interplay of two federal statutes that govern the12 transport of goods from foreign shores to inland delivery points in the United States. See Sompo13 Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir. 2006). We concluded that, when14 a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack15 Amendment1 to Thu, 6 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S08G1293&s=GA&d=37944 These cases arise from a collision involving three tractor-trailers under contract with B-H Transfer Company and being driven in tandem by independent contractors. The last vehicle in line was owned by Dixon Trucking Company, Inc. and was driven by Harry Mitchell Dixon. That tractor-trailer allegedly struck the rear of the middle vehicle, forcing it into the rear of the lead vehicle, which was own Mon, 3 Nov 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-06-2009%20&%201-06-2126&s=IL&d=38011 In this consolidated action involving claims for negligence, wrongful death, and survival damages, the trial court granted summary judgment in favor of defendants Vance Uniformed Protection Services, Inc. (Vance), and Latessa Diamond. Plaintiffs appealed, contending defendants had a duty to protect against criminal conduct where defendants contracted to provide security services. We affirm the jud Fri, 31 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-07-1807&s=IL&d=37650 Defendants West Bend Mutual Insurance Company (West Bend), Key Cartage, Inc. (Key), and Terry G. Washington appeal from an order of the circuit court of Cook County granting summary judgment in favor of plaintiff, Zurich American Insurance Company (Zurich), in a declaratory judgment action brought by Zurich to determine insurance coverage. The underlying litigation, a wrongful death action arisin Tue, 7 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=E2006-00903-SC-R11-CV&s=TN&d=37438 The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her fathers work clothes. The purpose of this appeal is not to determine whether, in fact, Wed, 1 Oct 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-55528&s=CA&d=37219 Zeddrick White (White) appeals pro se the district courts order granting Mayflower Transit, L.L.C.s (Mayflower) motion to dismiss his second amended complaint. We affirm.IThis case arises out of an agreement between White and Mayflower, in which Mayflower agreed to ship Whites per- 12730 WHITE v. MAYFLOWER TRANSIT sonal effects from New York to Los Angeles. White was dissatisf Tue, 16 Sep 2008 00:00:00 CST