Bailment Law
Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and Affirmative Insurance Services, Inc.

Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc. (“Affirmative”), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and viola... More...   $0 (01-14-2010 - TX)

John K. Vreeland v. Danny Ferrer d/b/a Ferrer Aviation

Jose Martinez was a passenger aboard a private airplane that crashed shortly after takeoff. Martinez and the pilot were killed. The administrator ad litem for and personal representative of Martinez's estate, John K. Vreeland, filed a wrongful death action against the owner of the plane, the company to which the owner had leased the plane, and the pilot's estate. This appeal involves only the clai... More...   $0 (01-06-2010 - FL)

Northern Insurance Company of New York v. Point Judith Marina, Inc.

After a bench trial, the district court entered judgment for defendant Point Judith Marina ("PJM") on claims for damages by plaintiff Nicholas Picchione and subrogee-plaintiff Northern Insurance Company of New York ("Northern"). The claims arose as a result of the sudden sinking of a recreational boat ("Eveready") owned by Northern's insured, Picchione. The district court also rejected PJM's count... More...   $0 (08-27-2009 - RI)

Aviat Aircraft, Inc. v. Edward Saurenman

[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court’s “Judgment in Accordance with Verdict.” We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified “Judgment.” We also note that Aviat filed a motion for new t... More...   $0 (08-14-2009 - WY)

Grace Elaine Snider v. MidFirst Bank, et al.

Grace Elaine Snider (Snider), individually and as trustee of the Grace Elaine Snider Trust #1, appeals the district court's summary judgment against her on claims of conversion against MidFirst Bank and Safeguard Properties, Inc. She also appeals the district court's dismissal of defendant Donald L. Rolison on the same claims. On appeal, she argues the court erred in concluding that she was not th... More...   $0 (07-10-2009 - KS)

Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...
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Jerry R. Becker v. Pacific Forest Industries, Inc., et al.

Defendant Jack Stone appeals a summary judgment in favor of plaintiff on defendant's counterclaim seeking money damages.(1) Plaintiff brought this action to, among other things, foreclose an alleged landlord's lien on certain wood materials that were stored on his real property.(2) Defendant, in turn, filed a counterclaim against plaintiff for conversion of the stored property. Defendant conten... More...   $0 (06-17-2009 - OR)

Encon Utah, LlV v. Fluor Ames Kraemer, LLC, Fireman's Fund Insurance Company, and St. Paul Fire and Marine Insurance Company

¶1 Utah Department of Transportation (“UDOT”) contracted with Fluor Ames Kraemer, LLC, (“FAK”) to construct the Legacy Parkway (“the project”). FAK then subcontracted with Encon Utah, LLC, (“Encon”) to manufacture and install bridge girders for the project. UDOT partially terminated the project, and, as a result, FAK terminated Encon’s subcontract. Encon filed suit against FAK a... More...   $0 (01-27-2009 - UT)

Triple Auto Sales v. Fort Worth Transportation Authority

Appellee Fort Worth Transportation Authority (FWTA) sued Appellant Triple R Auto Sales (Triple R) on a theory of negligent entrustment of an automobile. Triple R failed to timely respond to request for admissions propounded by FWTA, and consequently, the admissions were deemed admitted. See Tex. R. Civ. P. 198.2(c) (AIf a response [to a request for admissions] is not timely served, the request i... More...   $0 (01-22-2009 - TX)

Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair

Terry Fedrick appeals from a take nothing judgment following a bench trial. In one issue, Fedrick argues that he was entitled to a judgment as a matter of law in light of factual findings made by the trial court. We affirm. * * * Fedrick is a truck driver, and he owns a commercial truck manufactured in 1994. The truck apparently developed a short circuit in the wiring and caught fire while it was ... More...   $0 (09-12-2008 - TX)

Gore Design Completions, Ltd. v. Hartford Fire Insurance Co.

Once again, we are faced with the seemingly simple task of applying the Texas “eight corners” rule to determine whether an insurance company owes a duty to defend an underlying liability lawsuit. Because we conclude that the statement of claim in the liability case asserted a claim that could fall within the coverage of the Hartford policy and is not clearly excluded by it, we reverse the summ... More...   $0 (08-07-2008 - TX)

Zagami, Inc. v. James A. Crone, Inc.

Defendant James A. Crone, Inc. (Crone) appeals a judgment in favor of plaintiff Zagami, Inc. (Zagami) entered on a special verdict. The jury found Crone breached a contract with Zagami for the rental and delivery of a "skiploader" tractor Zagami supplied to Crone for use at a jobsite Crone managed. The jury awarded Zagami damages of $15,500 on its breach of contract claims and on its common co... More...   $0 (03-11-2008 - CA)

Millennium Partners, L.P., et al. v. Colmar Storage, LLC

Appellant Colmar Storage, L.L.C. ("Colmar") appeals from the final judgments entered by the District Court in favor of Appellees AIG Trading Corp. ("AIG"), Millenium Partners, LLP ("Millenium"), and One Beacon Insurance Company ("One Beacon").1 Colmar contends that the District Court committed reversible error by (1) denying its motion for judgment as a matter of law with respect to Millen... More...   $0 (08-11-2007 - FL)

Katherine A. Ellis, et al. v. AAR PARTS TRADING INC., f/k/a AAR Aircraft & Engine Group, Inc., and FLEET BUSINESS CREDIT, LLC, etc.

These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April 19, 2000, in the Philippines. The defendants, AAR Parts Trading, Inc. (hereinafter AAR), a parts company, and Fleet Business Credit, LLC (hereinafter Fleet), a financing company, filed motions to dismiss predicated... More...   $0 (05-20-2005 - IL)


Plaintiff Hilda Perez appeals from a summary judgment dismissing her complaint See footnote 1 alleging that her "rent-to-own" contracts with defendant Rent-A-Center, Inc. (defendant or Rent-A-Center) violated the Consumer Fraud Act, N.J.S.A. 56:8-1 to -135, and the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61, because the time-price differential exceeded the 30% per annum... More...   $0 (02-11-2005 - NJ)

AIG Uruguay Compania De Seguros, S.A. v. Landair Transport, et al.

AIG Uruguay Compania de Seguros, S.A. ["AIG"], as subrogee of its insured, Abiatar, S.A., appeals a final summary judgment and a final judgment awarding fees and costs to defendant Landair Transport, Inc. We affirm.

2 Abiatar purchased cellular phones from Motorola, Inc., at Motorola's Illinois headquarters for $130,000. Abiatar insured the shipment with AIG. Abiatar contracted with... More...   $0 (02-02-2005 - FL)

Conseco Loan Finance Company, et al. v. Michael S. Boswell, et al.

This appeal in an action for replevin of a manufactured home involves a dispute between a sales finance company with a security interest in the home and the corporate manager of the manufactured-home park where the home was abandoned. The district court determined that the home had been abandoned, the management company did not have a removal-and-storage lien, and the sales finance company w... More...   $0 (11-03-2004 - MN)

The Denver Post Corp. v. Cook, Sheriff of Jefferson County

Appellant, The Denver Post (the Post), appeals from the district court's order in favor of the Jefferson County Sheriff's Office (JCSO) finding that certain writings and tape recordings seized by law enforcement officers pursuant to search warrants are not "criminal justice records" and are, therefore, not subject to the Colorado Criminal Justice Records Act, 24-72-301, et seq., C.R.S. 2003 (... More...   $0 (02-02-2004 - CO)

Edna Byers, Personal Representative of the Estate of Patrick A. Duncan v. Auto-Owners Insurance Company.

AFFIRMED Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil... More...   $0 (11-21-2003 - MO)

United States of America v. Raymond David Young

Defendant Raymond D. Young ("Young"), who has been convicted of 18 counts of conspiring to impede and impair the IRS in the computation and collection of diesel motor fuel excise taxes, subscribing to false quarterly excise tax return s, making false statements to an IRS agent and using false documents in connection with the review by an IRS agent of a 637 tax free certificate, raises eigh... More...   $0 (11-14-2003 - FL)

David Mouser v. Caterpillar

David Mouser ("Mouser") and Donald Green ("Green") (together "plaintiffs") appeal from a final order entered in the United States District Court for the Eastern District of Missouri2 granting judgment as a matter of law ("JAML") in favor of Caterpillar, Inc. ("defendant"), on plaintiffs' claims stemming from an industrial accident and conditionally granting defendant's motion for a new trial... More...   $0 (07-15-2003 - MO)

Edward G. Robinson v. National Autotech, Inc. d/b/a City Garage, Jerry Skaggs and John Schaefer

Edward G. Robinson appeals from an adverse judgment in his lawsuit against National Autotech, Inc. d/b/a City Garage (Autotech), Jerry Skaggs, and John Schaefer. In two issues, Robinson contends the trial court erred in granting summary judgment to Autotech and abused its discretion in dismissing his lawsuit against Skaggs and Schaefer. For reasons set forth below, we affirm the trial... More...   $0 (07-02-2003 - TX)

Carson Energy, Inc. and E. Carter Bills, II vs. Riverway Bank

This is an appeal from a summary judgment entered in favor of Riverway Bank on claims filed by plaintiffs/appellants Carson Energy and E. Carter Bills, II, and the denial of the motion for summary judgment filed by Carson Energy and E. Carter Bills. The dispute centers around a deposit of funds at the Riverway Bank and the alleged breach of such depository agreement. The case before us involves... More...   $0 (03-06-2003 - TX)

Emzy T. Barker, III, et al. v. Walter W. Eckman, et al.

This appeal arises out of an agreement to store bull semen. Appellee Walter W. Eckman sued - both individually and on behalf of others - appellants Emzy T. Barker, III and Ava Barker, who do business under the names Brushy Creek Brahman Center and Brushy Creek Custom Sires. The Eckmans Walter W. Eckman sued in both his individual capacity and as the nominee andtrus... More...   $111984 (01-24-2003 - TX)

Richard Toombs, etc. v. Alamo Rent-A-Car, Inc.

The petitioner, Richard Toombs, personal representative of the estate of Julia Stuttard, filed a wrongful death action against Alamo-Rent-A-Car seeking damages on behalf of her two surviving minor children. Julia Stuttard was killed in a car accident while a passenger in an Alamo automobile rented and driven by her husband, Ian Stuttard. Her husband and their two minor children, who were also ... More...   $0 (11-01-2002 - FL)

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