This is a negligence action against the School Board of Broward
County (School Board), arising from serious injuries that Glenice Petit-
Dos (Petit-Dos) sustained when, upon exiting the school bus, a pick-up
truck struck her as she sought to cross the street. At the time of the
collision, Petit-Dos was an eighteen year old, deaf student. Petit-Dos is
appealing the final judgmen... More...   $0 (01-07-2009 - FL)

David Douglas Pearson was struck by an uninsured motorist while crossing an intersection on foot. Pearson was listed as an additional driver under an automobile insurance policy issued by the Mercury Insurance Company (Mercury) to Pearson’s fiancée as the named insured. Asserting that the uninsured motorist provisions of the policy did not cover Pearson for injuries suffered in a pedestrian acc... More...   $0 (01-06-2009 - CA)

Plaintiff, C.R., appeals from a judgment entered in favor of defendant, Tenet Healthcare Corporation, after her demurrer was sustained without leave to amend her first amended complaint. Plaintiff alleged she was a patient at Encino Tarzana Medical Center (the medical center). She was molested by, Ramon Eduardo Gaspar, one of defendant’s employees. We reverse the dismissal order. Upon remittitur... More...   $0 (01-05-2009 - CA)

[¶1.] During a fist fight in a nightclub, when a beer bottle was broken over his friend’s head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent ... More...   $1 (01-02-2009 - sd)

{1} Plaintiff, Budget Rent-A-Car Systems, Inc. (Budget), appeals the district court’s order dismissing its complaint against Defendant Bridgestone Firestone North American Tire, LLC (Bridgestone). Bridgestone filed motions to dismiss Budget’s complaint, arguing that Budget’s claim was a subrogation claim, which was barred because it was not filed within the applicable statute of limitat... More...   $0 (12-30-2008 - NM)

An injured construction worker brought a tort action against appellant Food Pro International, Inc. (Food Pro), relating to an injury at a food processing plant. Food Pro tendered defense of both the worker’s action and a related action to its insurance carrier, respondent Farmers Insurance Exchange (Farmers). Farmers denied coverage, and this action against Farmers for breach of contract and br... More...   $0 (12-30-2008 - CA)

This appeal involves the scope of insurance coverage for numerous product liability claims involving an implantable graft used in the repair of abdominal aortic aneurysms. The circuit court of Du Page County granted partial summary judgment in favor of plaintiffs, Allianz Insurance Company (Allianz) and other insurers. On appeal, defendants, Guidant Corporation (Guidant) and several of its affilia... More...   $0 (12-29-2008 - IL)

After a bench trial, the circuit court found defendant Kinko’s, Inc. (Kinko’s) liable for damages resulting from its employee’s notarization of a forged signature on a mortgage assignment. Kinko’s1 seeks reversal, contending the court misconstrued section 7-102 of the Illinois Notary Public Act (5 ILCS 312/7-102 (West 1986)) (Act) regarding employer liability and further erred by imposing ... More...   $0 (12-26-2008 - IL)

Panzie Smith sued Allstate Indemnity Company (“Allstate”) for reimbursement of losses resulting from a house fire. Summary judgment proceedings and a jury verdict favored Allstate. Smith now appeals.

I.

A fire that began in the early morning, subsided, then rekindled several hours later destroyed Panzie Smith’s home on May 7, 2004. Smith immediately alerted her insurer, Allstat... More...   $0 (12-23-2008 - OH)

Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings. Perez’s motion alleged that the homeowner’s insurance policy did not exclude coverage for a negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured her on May 15, 2005.... More...   $0 (12-23-2008 - IL)

Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings. Perez’s motion alleged that the homeowner’s insurance policy did not exclude coverage for a negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured her on May 15, 2005.... More...   $0 (12-23-2008 - IL)

Appellant Iroquois on the Beach, Inc. (“Iroquois”), a seasonal hotel insured under an “all risk” policy, appeals from the district court’s1 grant of summary judgment dismissing its claims against General Star Indemnity Company (“General Star”) for water and wind damage losses sustained to its building. The district court determined that exclusion B.2.f. of the insurance policy applie... More...   $0 (12-23-2008 - MI)

In this appeal, we review issues arising from a series of summary judgment motions filed in a personal injury action. First, we will address whether the District Court erred in denying the plaintiff’s request for leave to amend his complaint, a decision that resulted in one grant of summary judgment to the defendants. Next, we will address plaintiff’s challenge to the grant of summary judgment... More...   $0 (12-21-2008 - PA)

Defendant, Stonecrafters, Inc. (Stonecrafters), appeals from an order of the circuit court of McHenry County entering summary judgment for plaintiff, Westport Insurance Corporation (Westport), in an action for a declaratory judgment. Stonecrafters sought a declaration that coverage under an insurance policy issued to Jackson National Life Insurance Company (Jackson) did not extend to the liability... More...   $0 (12-19-2008 - IL)

This appeal from a judgment of dismissal in favor of defendant and respondent Royal Indemnity Company (Royal), following an order sustaining its demurrer without leave to amend, was brought by plaintiffs and appellants Flat Rock Land Company and its predecessor, Otay Land Company (collectively Flat Rock or plaintiff). The complaint filed by Flat Rock sought declaratory relief regarding Royal's ant... More...   $0 (12-19-2008 - CA)

Appellant Maria T. Watanabe filed an action against California Physicians’ Service dba Blue Shield of California (Blue Shield). The jury returned a verdict that Blue Shield had breached its contract with appellant and awarded $65 in damages. The jury, however, found that Blue Shield had not breached its duty of good faith and fair dealing under its contract with appellant. A judgment conforming ... More...   $65000000 (12-13-2008 - CA)

Felipe Hernandez was injured after coming into contact with one of AEP Texas North Company's ("AEP") power lines, which had snagged on his employer's truck. At the time, Hernandez was working for SPA Pipe. (1) Hernandez sued AEP, and AEP eventually settled with Hernandez. As a result of the suit, AEP sought indemnity from SPA Pipe for the settlement and other costs incurred as a result of the inci... More...   $0 (12-11-2008 - tx)

GGIS Insurance Services, Inc. (GGIS), Insuresuite, Inc. (Insuresuite), Survival Insurance, Inc. (Survival), and Richard Joseph Acunto (collectively Petitioners) commenced this action against Capitol Indemnity Corporation (Capitol), alleging that it owed them a defense and indemnity in an action brought against them by the Pennsylvania insurance commissioner. Petitioners sought to stay this action ... More...   $0 (12-11-2008 - CA)

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...   $0 (12-10-2008 - WV)

As we observed three years ago, “The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys.” (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083, fn. omitted.) In the attorney-client fee dispute before us—which ar... More...   $0 (12-08-2008 - CA)

A hirer of a contractor owes no duty of care to the contractor’s injured employee because the employee has an alternative remedy through the workers’ compensation system. (Privette v. Superior Court (1993) 5 Cal.4th 689, 696-702 (Privette).) In the case before us, appellants Jeffrey and Catherine Tverberg (the Tverbergs) contend that the Privette doctrine does not apply to their case because J... More...   $0 (12-05-2008 - CA)

Appellant Toni Solano appeals the trial court=s * order granting appellees= no evidence and traditional motions for summary judgment. Appellant challenges various aspects of the trial court=s determinations that she failed to present evidence establishing a genuine issue of material fact on the elements of her fraud and Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) claims and als... More...   $0 (12-05-2008 - TX)

This appeal concerns the terms of an Uniform Intermodal Interchange and Facilities Access Agreement (“the Agreement”) that provides that the laws of Maryland shall govern over the interpretation of the agreement. Appellant, CMA-CGM (America), Inc., appeals the trial court’s dismissal of its claims for indemnification against appellee, Empire Truck Lines Inc. In three issues, CMA contends tha... More...   $0 (12-05-2008 - TX)

Plaintiff Cherilyn Kellogg brought this action against defendants Metropolitan Life Insurance Company and Pfizer Accidental Death and Dismemberment Insurance Plan, claiming she was wrongly denied accidental death and dismemberment benefits under an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001-1461. Cherilyn ... More...   $0 (12-04-2008 - UT)

In this diversity case in which Big Lots won its contract action, Big Lots appeals the denial of attorney fees. The district court interpreted Ohio law to preclude enforcement of a boilerplate contractual provision that can be read to allow Big Lots to recover attorney fees for the underlying lawsuit. Big Lots claims that the Ohio courts would enforce the provision, and that, even without the prov... More...   $0 (12-04-2008 - OH)