Invitee Law
 
Kelly Hollerbach v. Target Corporation

Plaintiff Kelly Hollerbach (Hollerbach) appeals from the district court’s grant of summary judgment to defendant Target Corporation (Target) dismissing her negligence (premises liability) claim in this diversity case. We REVERSE and REMAND for further proceedings consistent with this opinion.

I.

The facts, viewed in the light most favorable to Hollerbach are that Hollerbach was... More...
   $0 (10-26-2011 - MI)

Carole Barton v. Lowes Building Material Centers, Inc.

Carole Barton sued Lowes Building Material Centers, Inc. on a premises liability theory claiming to have been injured while a business invitee at Defendant's place of business in Lawton, Oklahoma on May 13, 2009 caused by a shopping cart that had a damage wheel that caused it to fall over and injury her.

Defendant filed a general denial answer.... More...
   $1 (10-13-2011 - OK)

Gerald Basss v. Gopal, Inc. and Super 8 Motels, Inc.

In this premises liability action, we are reviewing the court of appeals' decision upholding the circuit court's grant of summary judgment in favor of a motel and its franchisee when a guest was shot in the leg during an attempted robbery outside of his motel door. We affirm.

Facts/ Procedural Background

The facts of this case are undisputed. From approximately June 1999 until the ... More...
   $0 (10-10-2011 - SC)

James E. Toxel, 3D v. Iguana Cantina, LLC

This case arises out of a claim filed by appellant, James E. Troxel, in the Circuit Court for Baltimore City in which he sought damages for injuries he allegedly received on the dance floor of a nightclub called Iguana Cantina located near the Inner Harbor in Baltimore City. Troxel sued the following defendants: (1) Iguana Cantina, LLC, the entity that operated the club, (2) Timothy S. Bennett, th... More...   $0 (10-03-2011 - MD)

Elizabeth Tymczyszyn v. Columbus Gardens, Hoboke Housing Authority

Plaintiff Elizabeth Tymczyszyn slipped on ice and fell on the sidewalk abutting Columbus Gardens, a multi-unit residential property owned and operated by defendant Hoboken Housing Authority. Plaintiff sued defendant to recover damages for injuries she sustained as a result of the fall. The trial court granted defendant's summary judgment motion based on the immunity conferred upon public entities ... More...   $0 (09-30-2011 - NJ)

Kendar Kokendoffer v. Coles Garden Wedding & Event Center, L.L.C.

Kendar Kokendoffer, individually and as next friend of Brandley G.K., a minor, sued Coles Garden Wedding & Event Center, L.L.C. claiming that on April 30, 2001 B.G.K. was an invitee on the premises of Plaintiff's property at 1415 N.E. 63rd in Oklahoma city, Oklahoma and was injured by an unsafe condition on the premises.

Defendant filed a general denial answer.

... More...
   $1 (09-29-2011 - OK)

Stephen Cates v. Boral Industries, Inc.

Stephen Cates sued Boral Industries, Inc. on a premises liability theory claiming to have been injured while a business invitee on Defendant's property as a result of a dangerous condition on the property.... More...   $1 (09-22-2011 - OK)

Holly Janelle Carroll v. Trade Winds Motor Hotel East, Inc.

Holly Janelle Carroll sued Trade Winds Motor Hotel East, Inc. on a premises liability theory claiming to have been injured by a dangerous condition on Defendant's property while on the property as a business invitee.

The specifics of the claims made and defenses asserted are not available.... More...
   $1 (09-14-2011 - OK)

Sarah Fanning v. Otis Elevator and St. John Health System, Inc.

Sarah Fanning sued Otis Elevator on a negligence theory and St. John Health System, Inc. on a premises liability theory claiming to have been injured while a business invitee at St. John Hospital in Tulsa.

The specifics of the claims made and defenses asserted are not available.... More...
   $1 (09-13-2011 - OK)

Johnie S. Adams v. CVS Pharmacy, Inc.

Johnie S. Adams sued CVS Pharmacy, Inc., Hiland Dairy Company, Hiland Dairy Foods Company, LLC and Prarie Farms Dairy on premises liability theories claiming he was a business invitee at a CVS Pharmacy store in Oklahoma City on June 18, 2008 and he slipped and fell as a result of water than had accumulated in front of a freezer in the store and was injured.

Defendants generally denied all o... More...
   $1 (09-07-2011 - OK)

Lisa R. Roseberry v. Walgreen Company

Lisa R. Roseberry sued Walgreen Company on a premises liability theory claiming to have been injured in an accident that occurred on Defendants property when Plaintiff was on the premises as a business invitee as a direct result of a dangerous condition on the property.

The specifics of the claims made and defenses asserted are not available.... More...
   $1 (09-06-2011 - OK)

Ernest E. Young v. Fancy's

Ernest E. Young sued Fancy's and Brianna D. Liles on a premises liability theory claiming that on November 24, 2005 he was an invitee at Fancy's business at 1900 SE 59 Street in Oklahoma City and was assaulted by Brianna D. Liles, an agent or employee of Francy's and was seriously injured. Plaintiff claimed that Francy's negligently failed to protect him from Liles.

Liles counterclaimed as... More...
   $1 (08-30-2011 - OK)

Tonyua Vore v. Brazos Restaurant Acquistion Corporation d/b/a Cheddars Casual Cafe

Tonyua Vore sued Brazos Restaurant Acquistion Corporation d/b/a Cheddars Casual Cafe and Cheddars, Inc. on a premises liability theory claiming to have been injured while a business invitee at Defendant's restaurant.... More...   $1 (08-26-2011 - OK)

Donald H. Westfall v. Wal-Mart Stores East, LP

Donald H. Westfall appeals the trial court’s order granting summary judgment to Wal-Mart Stores East, LP (“Wal-Mart”).

We reverse and remand for further proceedings.

ISSUE

Whether the trial court erred by granting summary judgment to Wal-Mart.

FACTS

The facts most favorable to Westfall, the non-movant in this summary judgment proceeding, are as follows. On ... More...
   $0 (08-12-2011 - IN)

Thomas Farrar v. Sabine Management Corporation a//k/a Sabine Properties Management

Appellant Thomas Farrar challenges the no-evidence summary judgment rendered in favor of appellees Sabine Management Corporation a/k/a Sabine Properties Management, Inc. (“Sabine”) and Northwest Building, Inc. (“Northwest”). Farrar, a postal worker, sued Sabine and Northwest after he slipped and fell while delivering mail at one of their properties. In his sole issue, he contends that th... More...   $0 (08-11-2011 - TX)

Keri Hagler v. Coastal Farm Holdings, Inc.

2 Plaintiff sustained injuries at the Coastal Farm and Supply hardware store
3 in Oregon City when a post pounder fell and struck her foot. Plaintiff brought this action
4 for negligence against defendant, Coastal Farm Holdings, Inc., the owner of the store.
5 The trial court granted defendant's motion for summary judgment and subsequently
6 entered judgment against plaintiff. On a... More...
   $0 (08-03-2011 - OR)

Fetterman and Associates, P.A. v. Robert Friedrich

Fetterman & Associates, P.A. (“Fetterman”) appeals the trial court’s order denying its motions for directed verdict and new trial. Fetterman was the defendant in a negligence suit in which Robert Friedrich sued Fetterman for failing to warn him of a defective chair located in Fetterman’s office. We reverse the trial court’s order denying Fetterman’s motion for directed verdict and rema... More...   $0 (08-03-2011 - FL)

Clifford Stewart v. Walgreen Co.

Clifford Stewart sued Walgreen Co. on a premises liability theory claiming to have been injured in an accident while an invitee at one of Defendant's stores as a result of a dangerous condition that existed on the property that Defendant knew about or should have known about.... More...   $1 (07-27-2011 - OK)

Pauline Gipson v. Homeland Acquisition Corporation aka Hac, Inc.

Pauline Gipson sued Homeland Acquisition Corporation aka Hac, Inc., United Supermarket East Broadway Enid, et al. on premises liability theories claiming that she was injured at the Defendant's grocery store while shopping at the store as a business invitee on June 16, 2010 when her feet became entangled in and on the floor covering causing her to fall and sustain an injury.

Plaintiff wa... More...
   $0 (07-26-2011 - OK)

Joan Matzdorf v. D.E. Ziegler Art Craft Supply, Inc. d/b/a Ziegler Art & Frame

Joan Matzdorf sued D.E. Ziegler Art Craft Supply, Inc. d/b/a Ziegler Art & Frame on a premises liability theory claiming to have been injured while a business invitee at Defendant's place of business as a result of a defect in the premises that Defendant know or should have known existed.... More...   $1 (07-13-2011 - OK)

Evangelina Barron v. Crowing Kinds Consignment Shop

Evangelina Barron sued Crowing Kinds Consignment Shop on a premises liability theory claiming to have been injured in an accident while a business invitee at Defendant's place of business caused by a dangerous condition on the property that Defendant knew about or should have known about.

It is the duty of the [owner/occupant] to use ordinary care to keep [his/her/its] premises in a reasonably... More...   $1 (07-11-2011 - OK)

Rasnick v. Krishna Hospitality, Inc.

This Court granted certiorari to the Court of Appeals in Rasnick v. Krishna Hospitality, Inc., 302 Ga. App. 260 (690 SE2d 670) (2010), to consider whether the Court of Appeals erred in concluding as a matter of law that the defendant hotel had no duty to comply with the plaintiff’s requests to attempt a rescue of her husband from his medical peril. Finding no error in the judgment of the Court o... More...   $0 (07-05-2011 - GA)

James Birch v. 12 & 12, Inc.

This was a Premises Liability case where Mr. Birch, an Invitee, was sitting at a table on a patioa at the Defendant's facility. The chair Mr. Birch was sitting in broke, causing Mr. Birch to fall and strike hie head. Accirdongly, Mr. Birch sustained sprain/strain injuries. ... More...   $70000 (07-01-2011 - OK)

D. Christopher Peterson v. RES America Construction, Inc.

Appellants, Christopher D. Peterson, individually and as administrator of the estate of Matthew C. Peterson, deceased, and Judith Peterson, challenge the trial court’s summary judgment dismissing their wrongful death suit against appellees, RES America Construction, Inc. (“RES-AC”), Renewable Energy Systems Americas, Inc. (“RES-A”) and RES (Construction), L.P. (“RES-C”).[1] By two i... More...   $0 (06-30-2011 - TX)

Barry E. DuBois v. Frederick Quilitzsch

The plaintiff, Barry E. DuBois, was seriously injured when he was bitten by a dog, inauspiciously named Bear, while he was attempting to inspect a pigeon loft on the defendants’ property. He and his wife, Susan L. DuBois, also a plaintiff, now appeal from the entry of summary judgment in favor of the defendants, Frederick Quilitzsch, Sr. and Frederick Quilitzsch, Jr. This case came before the Su... More...   $0 (06-24-2011 - RI)

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AK Morlan
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