Chattel Law
 
James Bradley Morrison v. James Campbell

In this agreed interlocutory appeal, James Bradley Morrison appeals from the trial court’s denial of his motion for summary judgment on the claim for loss of use damages brought against him by James Campbell.1 Morrison’s vehicle 1Because this lawsuit was filed before September 1, 2011, the former civil practice and remedies code section 51.014 applies to this case rather than the amended rule;... More...   $0 (01-17-2014 - TX)

Kevin Buckner v. Milwaukee Electric Tool Corporation

In this product liability action, defendant appeals from an order granting a new trial on plaintiff’s claims of failure to warn of the dangers of the product. The order was entered on the ground of insufficiency of the evidence to support the verdict, after the jury found in favor of defendant on its sophisticated user defense (Johnson v. American Standard, Inc. (2008) 43 Cal.4th 56 (Johnson)). ... More...   $0 (12-20-2013 - CA)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...   $0 (12-15-2013 - UT)

Brian Conley v. Warren Properties, Inc.

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corporation th... More...
   $1 (12-10-2013 - OK)

William Pfeifer v. John Crane, Inc.

William and Anne Pfeifer asserted claims for negligence, strict liability, and loss of consortium against John Crane, Inc. (JCI), alleging that its asbestos-laden products caused William Pfeifer’s mesothelioma. During the trial, the court rejected JCI’s proffered instructions regarding its “sophisticated user” defense, and directed a verdict on the defense. After the jury returned a verdic... More...   $0 (11-30-2013 - CA)

Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police ... More...   $0 (11-26-2013 - NC)

D.T. v. Catholic Docese of Kansas City-St. Joseph

The question presented in this appeal is whether the supervisory hierarchy of a religious organization is to be treated differently under the law when it knows that sexual predator-related harm is certain or substantially certain to occur to child parishioners by a member of the clergy it supervises, but in one instance the harm happens to be perpetrated on church property, and in the other instan... More...   $0 (11-12-2013 - MO)

Randy Cohen v. American Security Insurance Company

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged

2 No. 11-3422

property to protect the lender’s interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower.

In this proposed class action, Martha Schilke alleges that W... More...
   $0 (11-05-2013 - IL)

Anne Pfeifer v. John Crane, Inc.

William and Anne Pfeifer asserted claims for negligence, strict liability, and loss of consortium against John Crane, Inc. (JCI), alleging that its asbestos-laden products caused William Pfeifer’s mesothelioma. During the trial, the court rejected JCI’s proffered instructions regarding its “sophisticated user” defense, and directed a verdict on the defense. After the jury returned a verdic... More...   $0 (11-03-2013 - CA)

Ros Swift v. Service Chemical, Inc.

¶1 Plaintiffs appeal from the trial court's summary judgment in favor of Defendant, Service Chemical, Inc. (SCI), in this action arising from an incident in which the minor Plaintiff, B.S., was severely burned by chemicals that originated with SCI.1 For the reasons set forth below, we affirm the trial court's judgment.

BACKGROUND

¶2 On October 14, 2008, nine-year-old B.S. was sever... More...
   $0 (10-11-2013 - OK)

Ismail Ozgur Yaman v. Linda Margherita Yaman

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...   $0 (09-11-2013 - NH)

Raymond Brackett v. Cable Motors, Inc. d/b/a Cable Volkwagen

Raymond Brackett and Sarah Brackett sued Cable Motors, Inc. d/b/a Cable Volkwagen on an auto negligence theory claiming:

1. That the Defendant, an Oklahoma Corporation, was at the time of the filing of this Petition, a resident of Oklahoma County with its principal place of business in Oklahoma County, and Plaintiffs were residents of Pace, Santa Rosa County, Florida;

2. That the... More...
   $1 (08-15-2013 - OK)

Megan D. McCafferty v. Preiss Enterprises, Inc.

Megan McCafferty appeals from the district court’s grant of summary judgment in favor of Preiss Enterprises, Inc. d/b/a McDonald’s (“Preiss”) and Jacob Peterson. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In February 2007, McCafferty submitted an employment application to Preiss, * This order and judgment is not binding precedent, except under the doctr... More...
   $0 (08-13-2013 - WY)

Atlantic Civil, Inc. v. Edwin O. Swift

As a matter of law, the defendants’ unjustified and deliberate denial of access to what all agreed was the plaintiff appellant’s property, a large quantity of

2

“fill” used in road construction, which had been stored on the appellee’s land by mutual agreement, constituted a conversion of that material which required the entry of a judgment in the appellant’s favor for its... More...
   $0 (07-24-2013 - FL)

Corrine Augustine Hill Shearer and Sam Hill v. David Shearer, Independent Administrator of the Estate of John William Shearer III, Deceased

Before the onset of the illness that ultimately took the life of John William Shearer, III, John owned and operated a business known as Shearer’s Autoplex, which largely provided towing services under the name “271 Wrecker” and also sold used cars. The business’ landlord was a company owned by John’s ex-wife, Corrine Augustine Hill Shearer.1 John’s sickness in November 2009 prompted hi... More...   $0 (07-22-2013 - TX)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two

2

statutes of repose.1 In two issues, Jenkins argues that the tria... More...
   $0 (07-02-2013 - TX)

Charles Sheffer v. Carolina Forge Company, LLC

¶1 On August 24, 2006, William Garris III and David Billups flew from Raleigh, North Carolina, to Joplin, Missouri, on a business trip for their employer, Carolina Forge Company, L.L.C. Garris was the quality manager for Carolina Forge, and Billups was a customer service representative. The trip was scheduled to take place from August 24, 2006, to August 27, 2006, in Joplin, Missouri. Normally, W... More...   $0 (06-25-2013 - OK)

Series AGI West Linn v. Robert Eves

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's ... More...   $0 (06-04-2013 - OK)

Chinowth & Cohen, Inc. v. John Doe

1. C&C is an Oklahoma limited liability company doing business in Tulsa County, Oklahoma.

2. Cohen is an individual doing business in Tulsa County, Oklahoma.

3. Defendant John Doe (“Defendant John Doe”), whether one or more, is an unknown individual who, upon information and belief, resides in Wagoner County, Oklahoma

4. The events and transactions hereinafter set forth to... More...
   $0 (05-02-2013 - OK)

Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

Estate of Simone Young Kim v. Ray Coxe d/b/a Rayco Sales

Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe’s gun store. Kim’s Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). The Estate argued against applying the PLCAA and alternativel... More...   $0 (02-22-2013 - ak)

BOKF, N.D. d/b/a Bank of Oklahoma v. Oxymagic Franchise Development Corp.

BOKF, N.D. d/b/a Bank of Oklahoma sued Oxymagic Franchise Development Corp., David Iseley aka David Allen Iseley on breach of contract theory claiming:

1. The Plaintiff, BOKF, is a banking corporation licensed to conduct business inthe State of Oklahoma

2 Defendant, OxyMagic Franchise Development, Corp (hereinafter known as “OxyMagic”), is an Oklahoma corporation with its pri... More...
   $26223 (02-18-2013 - OK)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in... More...   $0 (02-14-2013 - TX)

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