Denton County, Texas v. Dianne Beynon and Roger Beynon, Individually, et al. |
In this premise-liability case, we decide whether a seventeen-foot floodgate arm located approximately three feet off a two-lane rural roadway is a “special defect” under the Texas Tort Claims Act (TTCA). We hold the floodgate arm does not meet the TTCA’s narrow definition of a special defect. Accordingly, we reverse the court of appeals’ judgment and dismiss the case. |
Xiao Yu Zhong And Ying Chun Ma, Individually And As Next Of Friend Of hong Ya Zhong And Daonan He, Minor Children v. Sunblossom Gardens, L.L.C. D/B/A Sunblossom Gardens |
Appellants, Xiao Yu Zhong and Ying Chun Ma, Individually and as Next Friend[s] of Hong Ya Zhong and Daonan He, Minor Children, challenge a no-evidence summary judgment rendered in favor of appellee, Sunblossom Gardens, L.L.C. d/b/a Sunblossom Gardens (Sunblossom). Appellants' claims derive from an assault on Xiao Yu Zhong on apartment-complex premises owned by Sunblossom, where appellants were re... More... $0 (04-30-2009 - ) |
Dennis P. Holley, et al. v. Argonaut Holdings, Inc, et al. |
A slip on a surface slicked by soapy water, leading to litigation for a claimed back injury, has made its way to this Court. Dennis P. Holley and his wife, Brenda J. Holley (collectively plaintiffs), appeal from the Superior Court’s grant of a motion for summary judgment in favor of the defendant, Argonaut Holdings, Inc. Our inquiry focuses primarily on the duty, if any, owed by a commercial la... More... $0 (04-30-2009 - RI) |
Family and Estate of Elena Sabitov v. Stuart J. Graines, et al. |
Edouard Sabitov, the husband of Elana Sabitov, age 37, sued the House of Corned Beef on a premises liability negligence theory for her wrongful death. Ms. Sabitov, a friend of the owners of the restaurant, was helping out at the restaurant on the night of April 25, 2001 when she fell through an open trap-door in the back of the restaurant. She landed on her head in the basement below killing her... More... $2100000 (03-08-2009 - OH) |
Opal Lorene Tavernier and Tom Travenier v. Nisha Inn, Inc. d/b/a Best Western Airport |
Tulsa, OK - Opal Lorene Tavernier and Tom Travenier sued Nisha Inn, Inc. d/b/a Best Western Airport on premises liability and loss of consortium theories claiming that they were injured and/or damaged in a trip and fall accident suffered by Mrs. Tavernier while she was a guest at the Defendant's motel. |
Adalia Cortina v. The Kroger Co., Kroger Texas, L.P., and Dennis Seprian |
Appellant, Adalia Cortina, appeals the trial court's final summary judgment in favor of appellees, The Kroger Company, Kroger Texas, L.P., and Dennis Seprian, individually (collectively "Kroger"). In her sole issue, Cortina contends the trial court erred by granting Kroger's no-evidence motion for summary judgment because Cortina raised a genuine issue of material fact concerning whether Kroger ha... More... $0 (02-20-2009 - TX) |
Betty J. Hancock v. Mid-South Management Co., Inc. |
In Hancock v. Mid-South Management Co., Inc., the court of appeals affirmed the trial court’s order granting summary judgment in favor of Respondent Mid-South Management Company. 370 S.C. 131, 634 S.E.2d 12 (Ct. App. 2006). We granted a writ of certiorari to review that decision and now reverse. |
The Kroger Company v. Betty Shaw and Robert Shaw |
Appellant, The Kroger Company, appeals from a judgment rendered on a jury verdict finding them negligent in a premises liability lawsuit filed by appellees, Betty Shaw and Robert Shaw. In its sole issue, Kroger contends the trial court erred by denying its motion for judgment notwithstanding the verdict (JNOV), asserting that there is no evidence to support the jury's finding that it had either ac... More... $0 (01-30-2009 - TX) |
Charles E. Brewster v. Colgate-Palmolive Company and Jewish Hospital Healthcare Services |
Decades after working on projects in various premises owners' buildings, an independent contractor's employee developed asbestosis, the cause of which the employee claimed arose from exposure to asbestos while working in the various buildings. Assuming that asbestos exposure occurred on the premises as the employee claimed, under what circumstances can the premises owners be held liable for the em... More... $0 (01-25-2009 - KY) |
Mary Wood v. RIH Acquisitions MS II, LLC |
Mary Wood appeals from the grant of summary judgment in favor of the defendant in a premises liability case. She argues that there were fact questions as to whether the premises were unreasonably dangerous and whether the hazard that caused her to fall was open and obvious. We agree with these contentions and therefore REVERSE and REMAND. |
MARIA RODRIGUEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF SAUL VILLAFRANCO, AND RAMIRO RIOS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ELISEO RIOS v. THE COUNTY OF CAMERON, TEXAS AND CAMERON COUNTY IRRIGATION DISTRICT |
This is an appeal from an order granting a plea to the jurisdiction in favor of appellees, Cameron County and Cameron County Irrigation District No. 2 ("the County"). By three issues, appellants, Maria Rodriguez, individually and as representative of the estate of Saul Villafranco, and Ramiro Rios, individually and as representative of the estate of Eliseo Rios ("collectively Rodriguez") raise th... More... $0 (01-08-2009 - TX) |
Carey Jimkoski, Personal Representative for the Estate of Nicholas Paul Jimkoski v. Peter Lee Shupe and Thomas Shupe and Bernice Shupe |
Defendant Peter Shupe (defendant) appeals as of right the judgment entered in plaintiff’s favor following a jury trial. Defendant also challenges the trial court’s decision to deny defendant’s motions for summary disposition and directed verdict. We conclude that the trial court did not err in determining that the factual record would support a conclusion by the fact finder that, even if the... More... $0 (12-23-2008 - MI) |
Gregory A. Hughes v. Keith L. Wilson, Wasco County Public Works Department and Wasco County |
In this case, we consider a county's claim of immunity from civil liability under ORS 30.265(3)(c), Oregon's discretionary immunity statute. |
James S. Kirlin and Kristin Kirlin v. Kim Halverson, Kelly Cawthorne, and PKJ, Inc., d/b/a Empire Hvac |
[¶1.] On August 31, 2005, plaintiff James Scott Kirlin (Kirlin) commenced a lawsuit in the South Dakota Second Judicial Circuit for personal injuries and other losses against defendants Kim Halverson (Halverson), Kelly Cawthorne (Cawthorne) and PKJ, Inc. d/b/a Empire HVAC (PKJ) resulting from an assault that Halverson perpetrated upon Kirlin. Kirlin’s wife, plaintiff Kristin Kirlin, concurrentl... More... $0 (11-05-2008 - SD) |
Mujtaba Aidroos, et al. v. Vance Uniformed Protection Services, Inc. and Latessa Diamond |
In this consolidated action involving claims for negligence, wrongful death, and survival damages, the trial court granted summary judgment in favor of defendants Vance Uniformed Protection Services, Inc. (Vance), and Latessa Diamond. Plaintiffs appealed, contending defendants had a duty to protect against criminal conduct where defendants contracted to provide security services. We affirm the jud... More... $0 (10-31-2008 - IL) |
Virginia Galo v. Carron Asphalt Paving, Inc., et al. |
{¶1} Plaintiff-Appellant, Virginia Galo (“Galo”), appeals the decision of the Lorain County Court of Common Pleas granting summary judgment in favor of Defendant-Appellees Carron Asphalt Paving, (“Carron”) and First Interstate Properties (collectively “Appellees”). |
Oralia Trevino v. NVG North Village Green I Association, Inc. |
In this premises liability suit, appellant, Oralia Trevino, challenges a summary judgment in favor of appellee, NVG North Village Green I Association, Inc. (ANVG@).[1] On appeal, Trevino contends the trial court erred by (1) granting NVG's no-evidence motion for summary judgment, and (2) denying Trevino's motion for spoliation sanctions. All dispositive issues are clearly settled in law. Accord... More... $0 (09-25-2008 - TX) |
Juanita M. Tostado v. City of Laek Havasu |
¶1 Juanita M. Tostado (“Appellant”) appeals the superior court’s grant of summary judgment in favor of the City of Lake Havasu (“the City”). Appellant argues on appeal that the superior court improperly found that the City had absolute immunity. For the reasons discussed below, we reverse the superior court’s grant of summary judgment and remand the case for further proceedings. |
James Michael Buerkett, et au. v. Illinois Power Company, et al. |
Plaintiffs James Michael Buerkett (Michael) and Jennifer Buerkett (Jennifer) filed negligence and loss of consortium claims against defendant Illinois Power (IP). On November 27, 2007, the trial court granted IP's motion for summary judgment. The Buerketts appeal, contending the trial court erred in granting summary judgment when it (1) found IP owed no common-law duty of care to plaintiffs, (2) f... More... $0 (09-08-2008 - IL) |
Stephen Clinch v. Generali-U.S. Branch |
The plaintiff, Stephen Clinch, appeals from the judgment of the trial court rendered following the granting of a motion for summary judgment in favor of the defendant, Generali-U.S. Branch. The plaintiff claims that the court improperly determined that the defendant had no duty to defend its insured in an action that the plaintiff had brought against the insured and, thus, improperly failed to gra... More... $0 (09-02-2008 - CT) |
John and Donna Wellhausen v. The University of Kansas |
John and Donna Wellhausen (the Wellhausens) appeal the district court's order granting summary judgment in favor of the University of Kansas (University). The Wellhausens claim the district court erred in finding their wrongful death claim was barred by the discretionary function and design immunity exceptions to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e) and K.S.A. 75-6104(m), respecti... More... $0 (08-08-2008 - KS) |
Monica Lynn Bray and Ralph Bray v. St. John Health System, Inc. and Michael McWhirt |
1 This matter examines the duty of a landowner to provide reasonable protection from crimes against a business invitee. Certiorari review was granted to resolve a conflict between divisions III and IV of the Court of Civil Appeals. Today, this Court resolves that conflict and applies the applicable rule of law. In doing so, this Court concludes the defendant landowner was not entitled to summary j... More... $0 (06-14-2008 - OK) |
Robert Scott, Jr., et al. v. Archon Group, LP, et al.` |
1 The dispositive issue before us is whether the trial court erroneously granted summary judgment to the defendants in this premises liability action. We answer in the negative. We find the evidence provides undisputed proof of the open and obvious condition of the premises, supporting but a single inference that favors nonliability of the defendants based on absence of duty to the plaintiffs. We ... More... $0 (05-13-2008 - OK) |
Carolyn Boots, et al. v. Jack and Karen Winters |
The Winterses rented a residence with a fenced backyard to Mario Martinez in October 2002. Martinez moved into the residence with his family, a white dog, and a brown dog. Near the residence rented to Martinez, Carolyn and William Boots lived with their sons Jason and Landon, who were nine and eleven years old respectively. While Jason and Landon were walking to their school bus stop in the alley... More... $0 (02-22-2008 - ID) |
Shayne E. Thompson v. Hi Tech Motor Sports, Inc. |
After injuring herself during a test drive on one of defendant's motorcycles, plaintiff sued defendant for negligence. The trial court granted plaintiff partial summary judgment, concluding that the release plaintiff signed was contrary to public policy and therefore void as a matter of law. On interlocutory appeal, we conclude that the waiver is not void for public policy as a matter of law, bu... More... $0 (02-08-2008 - VT) |
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