Robert L. Armiger appeals from a final summary judgment entered in favor of Associated Outdoor Clubs, Inc., after the circuit court denied his motion to file a second amended complaint. Mr. Armiger sued Associated and Clean Sweep Supply Company after he slipped and fell in the grandstand of a greyhound track operated by Associated. Clean Sweep had contracted with Associated to clean and maintain t... More...   $0 (10-01-2010 - FL)

{1} In this case, it is alleged that a child was struck in the head by a baseball during pregame batting practice at Isotopes stadium. The child was seated in the picnic area beyond the left field wall in fair ball territory with his family for a pre-game Little League party. The child had just begun to eat his food when, without warning, pre-game batting practice began and a baseball struck him, ... More...   $0 (09-03-2010 - NM)

The plaintiff, Carmen Leon, appeals from the summary judgment rendered by the trial court in favor of the defendant, Natividad DeJesus, in this negligence action. The plaintiff claims that the court improperly rendered summary judgment after concluding that the defendant owed no legal duty to her. We affirm the judgment of the trial court.

The pleadings, affidavits and other documentary i... More...   $0 (09-01-2010 - CT)

On January 13, 2004, while participating in a spinning class at a private fitness center, the handlebars on plaintiff Gina Stelluti's spin bike dislodged from the bike, causing her to fall and suffer injuries. In this appeal we must determine whether plaintiff should be bound to a pre-injury waiver of liability that she executed in connection with her membership application and agreement. We concl... More...   $0 (08-05-2010 - NJ)

The defendants, G. R. Realty, trustee for Ronald Zoarski and Gerald Zoarski, and Ronald Zoarski and Gerald Zoarski, appeal from the judgment of the trial court denying their motion to set aside the jury verdict in favor of the plaintiff, Christine Umsteadt. On appeal, the defendants claim that the court improperly: (1) failed to deliver their requested jury charge in accordance with the principles... More...   $0 (08-03-2010 - CT)

Brookshire Brothers, Ltd. appeals the trial court’s judgment in a premises liability lawsuit brought by Jerry Aldridge. In four issues, Brookshire Brothers asserts that the evidence is insufficient to support the judgment, that the trial court erred in admitting evidence of spoliation, and that the trial court erred by charging the jury with a spoliation instruction. We affirm.
<... More...   $0 (08-02-2010 - TX)

The plaintiff Emanuel Papadopoulos was injured when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store. [FN4] He filed suit in the Superior Court against the defendants Target Corporation, which controlled the area of the parking lot where the plaintiff fell, and Weiss Landscaping Company, Inc., the contractor retained... More...   $0 (07-26-2010 - MA)

The Hines Land Group, Ltd., A.W. Hines, Kelly King Hines, Ricky D. Hines, individually and d/b/a Hines Development Corporation, Hines Development, Ltd., and Hines Development Management LLC developed Pecan Valley Ranch subdivision. The subdivision contains a man-made lake. When a leak formed, A.W. Hines contacted Moss Concrete Construction Co., Inc. to repair the leak. Bolton Construction was h... More...   $0 (07-21-2010 - TX)

On June 16, 2006, while shopping in the Ponca City Wal-Mart, plaintiff David Kinkaid slipped and fell on one of many cardboard box lids that had been left on the floors of the aisles by merchandise stockers. He filed this diversity action against Wal-Mart Stores East, L.P., alleging that it failed to use ordinary care to keep its premises in a reasonably safe condition or to warn its customers of ... More...   $0 (07-20-2010 - OK)

Tammie Wilson, the mother and next friend of P.W. sued the Boys and Girls Clubs of Oklahoma County, Inc. on a general negligence theory. She claimed that ht e Boys and Girls Club of Oklahoma provided after school care at Memorial Park in Oklahoma City. That on October 26, 2007, P.W. was an invitee at Boys and Girls Club of Oklahoma. P.W., age 10, and another child were playing together in a spon... More...   $0 (07-10-2010 - )

In two issues, Appellant Ryan Esquivel appeals the trial court=s grant of summary judgment for Appellees JPM Realty Property Management, Inc. and JPM Realty Investments, Inc. (collectively AJPM@). We affirm.



II. Procedural Background

Esquivel sued JPM, Avery Pointe apartment complex=s management firm, for premises liability after he was injured in Avery Pointe=s pool areaC... More...   $0 (07-01-2010 - TX)

[¶1] M.M. and Thomas Moore appeal from a judgment dismissing their personal injury action against Fargo Public School District No. 1 ("District") and Eugenia Hart. We conclude the district court erred in ruling the recreational use immunity statutes, N.D.C.C. ch. 53-08, barred this personal injury action against the District. We reverse and remand for a new trial.

I

[¶2] In May 200... More...   $0 (06-18-2010 - ND)

Dario Bustamante and Juanita Bustamante appeal the trial court’s order granting the motions for summary judgment filed by Epigmenio Gonzalez, Jr. and J.A. “Tony” Canales, individually and d/b/a Los Abogados Ranch. We affirm the judgment of the trial court in part, and reverse and remand the judgment of the trial court in part.

Factual and Procedural Background

Apply... More...   $0 (06-09-2010 - TX)

Appellant, Alicia D. West, sued SMG and six other defendants for negligence, gross negligence, and negligence per se after she was injured at a concert at Reliant Arena. The trial court granted SMG’s no-evidence motion for summary judgment. West appeals, arguing that (1) SMG owed her a duty of protection against the harmful acts of a third party because it operated a venue for a public event a... More...   $0 (05-28-2010 - TX)

Lyree Roberson (Lyree) alleged she was injured after slipping on a wet oil spot in the parking lot of Church’s Fried Chicken (Church’s), a fast-food restaurant owned by AFC Enterprises, Inc. (AFC). Lyree and her husband, King Roberson (King) (collectively, Robersons), appeal the district court’s2 grant of judgment as a matter of law in favor of AFC. The Robersons argue the district court err... More...   $0 (04-29-2010 - MO)

This appeal arises out of an action brought by the plaintiffs, Pina Fiorelli and her husband, Rocco Fiorelli, to recover damages for injuries sustained by Pina Fiorelli as a result of an automobile accident that occurred on premises owned by the defendants, Arnold H. Gorsky, Paul S. Gorsky and Eastland Derby Realty Trust, and leased to Webster Bank, which was a defendant when the action was initia... More...   $0 (04-06-2010 - ct)

¶1 Alea London Ltd.1 (Plaintiff) appeals a judgment which found the commercial general liability policy (CGL policy) it issued provided coverage for a damage award in another lawsuit (the underlying lawsuit) in favor of Erica L. Gilmore (Gilmore) and Charlena J. Kennedy (Kennedy) against Canal Club, Inc., d/b/a The Wild Coconut (Canal Club). We conclude the CGL policy does not provide such covera... More...   $0 (04-02-2010 - OK)

This appeal concerns a bar owner’s liability for injuries caused when one patron assaulted another during a closing-time melee involving twenty to forty “very intoxicated” customers. The brawl erupted after ninety minutes of recurrent threats, cursing, and shoving by two rival groups of patrons. The jury heard nine days of conflicting evidence from twenty-one witnesses and found the owner fi... More...   $1480000 (04-02-2010 - TX)

This diversity action requires us to predict whether the State of New Jersey would impose a common law duty on a tenant in a multi-tenant shopping center to maintain the parking lot owned by the landlord.

I.

On January 20, 2005, Walter Holmes drove to a shopping center near Route 73 in Maple Shade, New Jersey (the Shopping Center), consisting of a parking lot and several businesses i... More...   $0 (03-18-2010 - NJ)

[¶1.] Susan Johnson tripped and fell on a stairway at a store owned by Matthew J. Batchelder Co., Inc. (Batchelder). Johnson and her husband brought this action alleging that Batchelder failed to exercise reasonable care to keep the premises safe and failed to warn of a dangerous condition. Batchelder moved for summary judgment on the grounds that Johnson could not articulate in her deposition wh... More...   $0 (03-10-2010 - SD)

In this premises liability action, plaintiff appeals as of right from the trial court’s order granting defendant’s motion for summary disposition. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

We review a trial court’s summary disposition decision de novo. Allison v AEW Capital Mgt, LLP, 481 Mich 419, 424; 751 NW2d 8 (2008). Although the trial... More...   $0 (03-02-2010 - MI)

On February 5, 2005, the plaintiff was seriously injured when she fell while trying to traverse an area of frozen slush at the condominium complex where she lived. She filed a negligence action against the condominium association that owned the complex (the owner). After trial in Superior Court, the jury returned a special verdict that found that the ice hazard was open and obvious and that the pl... More...   $0 (02-25-2010 - MA)

Appellees B.B., C.C., E.E., and G.G., obtained a judgment against Harold R. Newsom for negligence and negligence per se based upon Newsom's failure to warn or protect appellees from acts of sexual assault by Newsom's adult son, Jason. (1) In nine issues, Newsom contends Texas law recognizes no legal duty on the part of a father to warn third parties about the sexual and assaultive history of his a... More...   $0 (02-19-2010 - TX)

On the night of July 5, 2002, LaShonda Rose drove a car that struck a black bull on State Highway 87. Rose and her three minor passengers, C.D., K.D., (1) and R.C., were injured in the collision.

On September 27, 2007, C.D., K.D., and R.C. ("the Minors") sued the landowner-defendants ("the Landowners"). In their petition, the Minors alleged that the bull had escaped from property owned by ... More...   $0 (02-15-2010 - )

¶1 Plaintiffs/Appellants Patricia Ruddy and William Ruddy (Plaintiffs) seek review of the trial court's order granting a motion for summary judgment by Defendants/Appellees Roger Skelly and Donna Skelly d/b/a Skelly Enterprises and McAnaw & Company Realtors (collectively, Defendants) and entering judgment in Defendants' favor based upon the statute of repose embodied in 12 O.S. §109. In this app... More...   $0 (02-04-2010 - OK)