Invitee Law
 
Kathryn Pote v. City of Atlantic City



Plaintiffs Kathryn and Daniel Pote appeal summary judgment dismissal of Kathryn's premises liability complaint against SMG, the manager of Boardwalk Hall, for injuries allegedly sustained when she slipped and fell on an icy patch of snow on the Atlantic City Boardwalk as she was approaching Boardwalk Hall to attend a show. Plaintiffs also appeal denial of their motion for reconsideration. ... More...
   $0 (01-28-2010 - NJ)

Frank Nardo v. City of Philadelphia

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo’s injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in ... More...   $0 (01-08-2010 - PA)

Jamell Woods Cotto v. Board of Education of the City of New Haven

The dispositive issue on appeal is whether the defendants, the board of education of the city of New Haven (city) and certain public school officials in the city,1 are immune from liability for injuries that the plaintiff, Jamell Woods Cotto, sustained when he slipped on a wet bathroom floor at the Roberto Clemente School (school), one of the city’s public schools, while working as a director of... More...   $0 (12-15-2009 - CT)

Marwa Imkie v. The Methodist Hospital

Appellant, Marwa Imkie, appeals from a summary judgment rendered by the trial court in favor of appellee, The Methodist Hospital (hereinafter "Methodist"). In two issues, Imkie contends the trial court erred by granting the no evidence motion for summary judgment filed by Methodist, and erred by denying her motion for a new trial. We conclude that the trial court properly granted the motion for su... More...   $0 (12-10-2009 - TX)

Milwaukee Deputy Sheriffs' Association v. David A. Clarke, Jr.

When the Milwaukee County Sheriff invited a religious group to speak at the Sheriff’s department leadership conference, some officers took offense to the Christian-focused presentation. And when the Sheriff allowed the same group to speak at a number of mandatory employee meetings, the officers complained. When the presentations continued, two Milwaukee County Sheriff’s deputies, along with th... More...   $0 (12-04-2009 - WI)

Kenneth Wardlaw v. Texas Department of Transportation

The Texas Department of Transportation (“TxDOT”) owns and operates a low water crossing where FM 1350 crosses over the Guadalupe River (hereinafter “Government Crossing”). Government Crossing consists of three man-made box culverts that divert water under the road, which is paved over the culverts. In the days leading up to July 3, 2004, the area experienced persistent rain that led to flo... More...   $0 (11-25-2009 - TX)

Michael H. Kellermann v. Paul McDonough

The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...
   $0 (11-05-2009 - VA)

Latricia D. Lewis v. Wal-Mart Stores East, L.P.

¶1 Latricia Lewis appeals from the district court's order granting summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2008, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Based on our review of the record on appeal and applicable law, we find that there are material issues of fact tha... More...   $0 (10-08-2009 - OK)

Cruz Dominguez v. Walgreen Company

Cruz Dominguez filed suit against Walgreen Company for injuries her son, Alex Dominguez, received in an escalator incident in a Walgreen=s store. The trial court granted Walgreen=s motion for summary judgment, and Dominguez appeals. We affirm.

On December 14, 1990, Cruz Dominguez went into Walgreens with her son, Alex, who was five years old at the time. Cruz=s younger son, Andrew, and ... More...
   $0 (10-06-2009 - TX)

J.L., a Minor, v. Children's Institute, Inc.

Plaintiffs and appellants J.L., a minor by and through his guardian ad litem D.L., appeal from a judgment entered in favor of defendant and respondent the Children‘s Institute, Inc. (CII) following a grant of summary judgment on appellant‘s complaint for negligence. Appellant was sexually assaulted by a 14-year-old while in a family day care home to which CII referred him. The trial court rule... More...   $0 (09-04-2009 - CA)

Ronnie Lane v. Gilbert Construction Company, Ltd.

In this premises liability action, a jury found for Respondent Ronnie Lane (Lane) in the amount of $75,000. The trial court then granted Lane’s motion for a new trial absolute, which ruling Gilbert now challenges on appeal. We affirm.

FACTS

Appellant Gilbert Construction Company LTD (Gilbert) entered into an agreement to renovate McLeod Regional Medical Center (Hospital). The r... More...
   $0 (08-17-2009 - SC)

Lottie Hunnicutt v. Dallas/Fort Worth International Airport Board, A Political Subdivision of the City of Dallas and The City of Fort Worth

The trial court granted summary judgment for Appellee Dallas/Fort Worth International Airport Board, a Political Subdivision of the City of Dallas and the City of Fort Worth (ADFW@) (Appellee claims that it is actually a unit of local government, not a subdivision) on the premises liability action brought by Appellant Lottie Hunnicutt. In two issues, Hunnicutt argues that she was an invitee while... More...   $0 (07-30-2009 - TX)

Geoffrey J. Rallis v. Demoulas Super Markets, Inc.

The plaintiff, Geoffrey J. Rallis, appeals a jury verdict in favor of the defendant, Demoulas Super Markets, Inc., in his negligence case. He argues that the jury instructions given by the Superior Court (McHugh, J.) were erroneous. We reverse and remand.

The record supports the following facts. On August 22, 2004, the plaintiff slipped and fell while shopping at the Market Basket Supermark... More...
   $0 (07-10-2009 - NH)

Jose Vargas v. Commercial Building Systems of McAllen, Ltd.

Appellant, Jose Vargas, challenges the trial court's summary judgment in favor of appellee, Commercial Building Systems of McAllen, Ltd. ("CBS"), in a case pertaining to injuries that Vargas received while performing concrete testing at a construction project. By two issues, Vargas contends that the trial court erred in granting CBS's summary judgment motions because: (1) there was probative summ... More...   $0 (07-10-2009 - TX)

Jose Vargas v. Commercial Building Systems of McAllen, Ltd.

Appellant, Jose Vargas, challenges the trial court's summary judgment in favor of appellee, Commercial Building Systems of McAllen, Ltd. ("CBS"), in a case pertaining to injuries that Vargas received while performing concrete testing at a construction project. By two issues, Vargas contends that the trial court erred in granting CBS's summary judgment motions because: (1) there was probative summ... More...   $0 (07-09-2009 - TX)

James E. Sullivan v. Metro-North Commuter Railroad Company, et al.

This certified appeal1 arises from an action brought by the plaintiff, James E. Sullivan, as administrator of the estate of his deceased son, James P. Sullivan (decedent), against the named defendant,2 Metro-North Commuter Railroad Company, for the wrongful death of the decedent resulting from the defendant’s alleged negligence in failing to provide and maintain adequate security at one of its t... More...   $0 (06-16-2009 - CT)

Glendora Lomack v. Ronald A. Mowrey and R.H. Mowrey

Glendora Lomack appeals a final summary judgment in a premises liability action. She alleged in her complaint below that while cleaning a law office owned by appellees, she became entangled in some exposed computer cables and fell, resulting in significant injuries. Concluding that the trial court erred in granting summary judgment, we reverse and remand for further proceedings.

Lomack’s ... More...
   $0 (06-11-2009 - FL)

Vincent Mattaliano v. Comstock Yacht Sales and Marina

Plaintiff Vincent Mattaliano appeals from the order of the

Law Division dismissing his personal injury cause of action

against defendant Comstock Yacht Sales and Marina. In granting

defendant's summary judgment motion, Judge Suter found that plaintiff had not established that his injuries were caused by

a... More...
   $0 (06-02-2009 - NJ)

Vernon Nelson v. Aurora Equipment Company

Plaintiffs, Vernon Nelson (Vernon) and John Q. Nelson (John), special administrators of the estate of Eva Nelson (Eva), deceased, appeal from an order of the circuit court of Kane County granting summary judgment in favor of defendant, Aurora Equipment Company (Aurora). This is a case of first impression in Illinois in which plaintiffs ask us to extend a duty in a premises liability case to a pers... More...   $0 (05-29-2009 - IL)

Paul Rogers v. Matanda, Inc., d/b/a Bijou Pub

Plaintiff, Paul Rogers, fell on property owned by defendant. He filed suit, alleging that defendant breached its duty to exercise reasonable care for the safety of invitees to its property and that defendant breached its duty to provide a reasonably safe means of ingress and egress for the plaintiff, a business invitee. The circuit court of Warren County granted defendant's motion for summary judg... More...   $0 (05-29-2009 - IL)

Texas Department of Transportation v. Jimmy Don York

We grant petitioner’s motion for rehearing, withdraw our per curiam opinion issued December 5, 2008, and substitute the following in its place.

In this case, we decide whether loose gravel on a road is a “special defect” under Texas Civil Practices and Remedies Code section 101.022(b). We hold that loose gravel is not a special defect as a matter of law, and therefore, re... More...
   $0 (05-22-2009 - )

Carlo P. Berardis v. Bounthinh Louangxay et al.

The plaintiff, Carlo P. Berardis, appeals from the Superior Court’s grant of motions for summary judgment in favor of the defendants, Bounthinh Louangxay and Oudone Louangxay (the Louangxays) and Louangxay, Inc., d/b/a Warwick Banquet Hall a/k/a Lei’s Bar & Grill (Lei’s Bar & Grill). This case came before the Supreme Court for oral argument on March 30, 2009, pursuant to an order directing t... More...   $0 (05-12-2009 - RI)

James Padgett v. Colleton County

This is an appeal of a directed verdict in a premises liability lawsuit. Plaintiff James Padgett alleged he sustained injuries after stepping into a hole on the Colleton County Courthouse grounds. After Padgett presented his case, the County moved for a directed verdict, which the trial judge granted, holding (1) the dangerous condition causing Padgett's injuries was open and obvious, and (2) th... More...   $0 (05-06-2009 - SC)

James A. Martin v. Bridgeport Community Association, Inc.

Plaintiffs James A. Martin and his wife, RaeAnn, appeal from a judgment against them, including the award of attorney‟s fees and costs, entered after the trial court sustained a demurrer in favor of defendant Bridgeport Community Association. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Richard and Rachel Peterson (the Petersons) purchased a home constructed by Richmond American Ho... More...
   $0 (05-06-2009 - CA)

Audrey Manuel, et al. v. Pacific Gas & Electric Co.

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND... More...
   $0 (05-05-2009 - CA)

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