Indemnity Law
 
Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

RDJRLW, Inc. v. Bobby Elbert Miller, Jr. d/b/a Miller Construction; and Guy Dankel and Janet Dankel

After homeowners Guy and Janet Dankel sued Bobby Elbert Miller, Jr.
d/b/a Miller Construction for using defective concrete in constructing a driveway
and concrete slab on their property, Miller Construction filed a third-party action
1See Tex. R. App. P. 47.4.
2
against the concrete manufacturer, Appellant RDJRLW, Inc. (RDJ), for statutory
indemnity under chapter 82 of the ... More...
   $0 (06-17-2017 - tx)

Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a... More...
   $0 (06-14-2017 - MN)

JOSHUA HORNSBY Individually and as Personal Representative for Janae Hornsby (a deceased minor) Plaintiff, v. BARBOUR & SHORT, INC., an Oklahoma Corporation HOLLEYMAN ASSOCIATES ARCHITECTS PLLC, an Oklahoma Corporation and KIRKPATRICK FOREST CURTIS, PC dba KFC Engineering an Oklahoma Corporation MOORE PUBLIC SCHOOL DISTRICT NOS 1-2, CITY OF MOORE, and John Does 1-10 Defendants, AL SLATTERY MASONRY, INC.; ALLIED STEEL CONSTRUCTION, INC.; MID-AMERICA ROOFING AND CONSTRUCTION, INC.; WEIBEE STEEL, INC.; CMC CONSTRUCTION,SERVICES, DBA LOFLAND COMPANY, AND OKIE FOUNDATION DRILLING, CO., INC. THIRD PARTY DEFENDANTS.

Norman, OK - JOSHUA HORNSBY Individually and as
Personal Representative for Janae
Hornsby (a deceased minor)
Plaintiff,
v.
BARBOUR & SHORT, INC.,
an Oklahoma Corporation
HOLLEYMAN ASSOCIATES
ARCHITECTS PLLC, an Oklahoma
Corporation and KIRKPATRICK FOREST
CURTIS, PC dba KFC Engineering
an Oklahoma Corporation
MOORE PUBLIC SCHOOL DISTRICT NOS... More...
   $0 (06-12-2017 - OK)

Justin V. Haynes v. Alicia Bryan Haynes

Justin V. Haynes appeals the trial court’s judgment awarding Alicia Bryan Haynes’s indemnity under the parties’ post-nuptial agreement. We affirm in part and reverse in part.
BACKGROUND
Justin and Alicia married in March 2003. A year later, they executed a post-nuptial contract called the Marital Agreement. In theMarital Agreement, Justin and Alicia agreed that, in the event of a dissoluti... More...
   $0 (05-31-2017 - TX)

RHONDA TIMBERLAKE V. CHRISTUS HEALTH CENTRAL LOUISIANA d/b/a CHRISTUS ST. FRANCES CABRINI HOSPITAL CHRISTUS St. Frances Cabrini Hospital

On March 30, 2010, Rhonda Timberlake, a registered nurse employed at Christus Health Central Louisiana d/b/a Christus St. Frances Cabrini Hospital (Cabrini) in the intensive care unit, claimed that she injured her left wrist and forearm while repositioning a patient. Cabrini is self-insured; it contracts with F. A. Richard & Associates, Inc. (FARA), a third-party administrator, to manage its claim... More...   $0 (05-28-2017 - LA)

California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to ... More...
   $0 (05-27-2017 - CA)

United States of America v. Wendy Ann Payne Federal Courthouse - Boise, Idaho

Boise, ID - Emmett Woman Pleads Guilty to Theft of Government Money

Wendy Ann Payne, 51, of Emmett, Idaho pleaded guilty on May 23, 2017, to theft of government money.

According to the plea agreement, Payne’s grandmother was the spouse of a deceased veteran and received monthly benefits from the Veterans Affairs Dependency and Indemnity Compensation program, paid to eligible surv... More...
   $0 (05-25-2017 - ID)

Ann E. Gillotti v. Eugene W. Stewart

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden... More...
   $0 (05-19-2017 - )

Johnson Kidz, Inc. v. Vertex Community Bank, N.A.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by
appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became
uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and
conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for
breach of a guaranty agreem... More...
   $0 (05-15-2017 - TX)

Susan Ashton v. Koonsfuller, P.C.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guaranty agreement, should ther... More...   $0 (05-10-2017 - TX)

State of Oklahoma v. Carolyn Janetta Gist a/k/a Carolyn Harring Tulsa County Oklahoma Courthouse

Tulsa, OK - Woman Sentenced to 10 Years For Killing Husband

The State of Oklahoma charged Carolyn Janetta Gist, a/k/a Carolyn Harring with:

Count # 1. Count as Filed: HM21, MANSLAUGHTER - 1ST DEGREE, in violation of 21 O.S. 711
Date of Offense: 01/31/2015
Party Name Disposition Information
GIST, CAROLYN JANETTA Disposed: CONVICTION, 05/02/2017. Guilty Plea
Co... More...
   $0 (05-02-2017 - OK)

Truck Insurance Exchange v. Danny L. Rutherford

¶ 1 Danny Rutherford suffered extensive injuries when the work van he was driving was hit by a vehicle that had run a red light. Mr. Rutherford sought compensation from both his employer‘s workers‘ compensation insurer and Truck Insurance Exchange (TIE), which provides Mr. Rutherford‘s employer with underinsured motorist coverage. Mr. Rutherford seeks double recovery, arguing that Utah Code sectio... More...   $0 (04-27-2017 - UT)

City of Jackson v. Worker's Compensation Appeals Board and Christopher Rice

In this workers’ compensation proceeding we granted the writ of review of the
employer, City of Jackson (City), after the Workers’ Compensation Appeals Board
(Board) disregarded the apportionment determination of the qualified medical evaluator
(QME) on the ground the determination was not substantial medical evidence and
directed the workers’ compensation administrative law judge ... More...
   $0 (04-27-2017 - )

William C. Milks III v. Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating (The 1), LLC

Tulsa, OK - William C. Milks III sued Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating The 1), LLC on a Residential Property Condition Disclosure Act (60 O.S. 831) violation theory.

Plaintiff purchased a home from the Wests for $615,000
The property was inspected and found, after certain repairs, to be in good repair.



Issue # 1. ... More...
   $0 (04-24-2017 - OK)

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Nautilus, Inc. v. Chao Chen Yang

INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More...
   $0 (04-22-2017 - )

Dilia Saturina Gramajo and German Balderrama, Keyry Giron and Iris Gramajo v. Lisa Johnson, Kenneth McIntyre, Shama Hernandez and Liliana Hernandez Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK -
Dilia Saturina Gramajo and German Balderrama, Keyry Giron and Iris Gramajo v. Lisa Johnson, Kenneth McIntyre, Shama Hernandez and Liliana Hernandez

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: Gramajo, Dilia Saturina
Filed Date: 10/13/2015
Party Name Disposition Information
Defendant: Hernandez, Shama Disposed: DISMISSED WITHOUT PREJ... More...
   $0 (04-21-2017 - OK)

Jerry C. Johnson and Jacob Johnson v. State Farm Mutual Automobile Insurance Company

This appeal arises from a suit brought by Jerry C. Johnson seeking declarations
construing the terms of two insurance policies following an automobile accident in which Jerry’s
son, Jacob, a minor at the time, was injured while Jerry was driving.1 See Tex. Civ. Prac. & Rem.
Code §§ 37.001–.011. Jerry sued State Farm Mutual Automobile Insurance Company, which had
issued Jerry an aut... More...
   $0 (04-06-2017 - TX)

OLTMANS CONSTRUCTION CO. v. BAYSIDE INTERIORS, INC.

This appeal presents for interpretation an indemnity provision in a construction
subcontract providing indemnity to a general contractor for injury claims arising out of
the scope of the subcontractor’s work “except to the extent the claims arise out of, pertain
to, or relate to the active negligence or willful misconduct” of the general contractor.
Does this provision preclude the... More...
   $0 (04-03-2017 - )

Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and
stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the
motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex
Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex
Automobile Recovery, Inc.; ... More...
   $0 (03-29-2017 - TX)

KANSAS CITY POWER & LIGHT CO. v. THE UNITED STATES

Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t... More...   $0 (03-28-2017 - NJ)

Brook E. Parker v. John M. Moss

Ardmore, OK - Brook E. Parker v. John M. Moss

1. NEGLIGENCE

Docket
Date Code Description Count Party Amount
05-06-2016

PETITION, FILED

Document Available (#CJ-2016-00081~1) Download document in TIFF format.TIFF Download document in PDF format.PDF
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00<... More...
   $0 (03-24-2017 - OK)

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