Plane Crash Law
 
Gilbert Gomez v. Hollywood Towers Associates, Ltd., L.P.

In this appeal following entry of judgment in favor plaintiff Gilbert Gomez on two claims alleging violation of the Ellis Act (Gov. Code, § 7060 et seq.), Gomez challenges the trial court’s ruling granting summary adjudication in favor of defendants Hollywood Tower Associates, Ltd., L.P. (Hollywood Tower), American Alliance Capital Group, LLC (American Alliance), and Jack Dell on Gomez’s four... More...   $0 (10-24-2013 - CA)

David LaVOIE, Plaintiff-Appellant, v. POWER AUTO, INC., dba Power Chevrolet, Defendant-Respondent, and REMINGTON INDUSTRIES, INC., Defendant.

Plaintiff sustained serious injuries when the Chevrolet Cavalier he was driving accelerated out of control, left the road, and rolled over. According to plaintiff, the accident resulted from the driver’s side floor mat sliding forward and interfering with his ability to operate the accelerator and brake. He brought this action alleging common-law negligence and product liability against defendan... More...   $0 (10-23-2013 - OR)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The West Fort Bend Star (“The Star”) and LeaAnne Klentzman, a reporter for The Star, alleging that they defamed him in a January 15, 2003 article (“the Article”). Based

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on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In n... More...
   $30000 (10-17-2013 - TX)

Amber L. Moore v. Daniel Thurman

Amber L. Moore sued Daniel Thurman on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Thurman.

1. Plaintiff, Anther L. Moore (“Mrs. Moore”), resides in Tulia County, Oklahoma, and jas the/rier of a vehicle that was involved in a two-vehicle collision in Tulsa County on or about April 13, 2010, as a result of whi... More...
   $140000 (10-14-2013 - OK)

Colin Bower v. Egyptair Airlines Company

This appeal stems from an international parental kidnapping perpetrated by defendant Mirvat El-Nady. Plaintiff-appellant in this case, Colin Bower, is El-Nady's former husband. In August 2009, El-Nady acted in violation of a court order when she drove the former couple's two minor children to New York City, where they boarded an EgyptAir Airlines Company ("EgyptAir") flight to Cairo, Egypt. This p... More...   $0 (10-08-2013 - MA)

Theodore H. Heinemann v. Daniel Satterberg

This appeal presents the question of whether Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond. We conclude that it does.

In this case, in addition to citing such a local rule, the district court considered the motion on the merits ... More...
   $0 (09-26-2013 - WA)

April Lopez v. Wink Stucco, Inc.

April Lopez, as personal representative of the Estate of Amalia Lozoya, seeks review of the final judgment which was rendered after a defense verdict in this

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automobile negligence action. We affirm the final judgment in all respects. We write to address the admissibility of evidence that one of the drivers was unlicensed at the time of the accident.

The accident occurred... More...
   $0 (09-18-2013 - FL)

Michael Aleo v. SLB Toys USA, Inc.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo [FN4] attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us). [FN5] She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming pool through the fab... More...   $20600000 (09-14-2013 - MA)

Linda Kubert v. Kyle Best

Plaintiffs Linda and David Kubert were grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road. Their claims for compensation from the young driver have been settled and are no longer part of this lawsuit. Plaintiffs appeal the trial court's dismissal of their claims against the driver's seventeen-year-old friend who was texting the d... More...   $0 (08-30-2013 - NJ)

Montana Shooting Sports Association v. Eric H. Holder, Jr.

Plaintiffs Gary Marbut, the Montana Shooting Sports Association, and the Second Amendment Foundation appeal the dismissal of their action challenging federal firearms regulations. Marbut wants to manufacture firearms under the Montana Firearms Freedom Act, state legislation that declares that the manufacture and sale of certain firearms within the state is beyond the scope of Congress’s commerce... More...   $0 (08-23-2013 - MT)

Randall Lee Haler v. Boyington Capital Group, Inc.

Appellee Boyington Capital Group, Inc. sued appellant Randall Lee Haler asserting a number of causes of action. A jury found in Boyington’s favor on its theories of fraud, fraudulent inducement, fraud by non-disclosure, conversion, breach of fiduciary duty, conspiracy, and breach of the Texas Theft Liability Act (TTLA) and the Texas Deceptive Trade Practices Act. Under each theory, the jury foun... More...   $0 (08-18-2013 - TX)

Renee M. Korban v. Boostpower, USA

Plaintiff Renee M. Korban, the personal representative of the Estate of Thomas Shelby Morris, Deceased, appeals from the grant of summary judgment in favor of defendant Boostpower U.S.A., Incorporated (Boostpower) in this products liability suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

____________________

* After examining the briefs and appellate record, th... More...
   $0 (08-13-2013 - OK)

Louis C. Prager v. Campbell County Memorial Hospital

This appeal arises from a diversity action based on a claim of medical negligence.

The injured plaintiff, Louis Prager, alleged that Campbell County Memorial Hospital and its employee, Dr. Brian Cullison (together, the Hospital Defendants), negligently failed to diagnose Mr. Prager’s broken neck following an automobile accident, resulting in serious nerve damage to his left arm. After a l... More...
   $7000000 (08-12-2013 - WY)

AEP Oklahoma Transmission Company v. Marian Elizabeth Rother

AEP Oklahoma Transmission Company sued Marian Elizabeth Rother and Dale Rother on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by them by condemnation claiming:

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That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified t... More...
   $37000 (07-24-2013 - OK)

Corrine Augustine Hill Shearer and Sam Hill v. David Shearer, Independent Administrator of the Estate of John William Shearer III, Deceased

Before the onset of the illness that ultimately took the life of John William Shearer, III, John owned and operated a business known as Shearer’s Autoplex, which largely provided towing services under the name “271 Wrecker” and also sold used cars. The business’ landlord was a company owned by John’s ex-wife, Corrine Augustine Hill Shearer.1 John’s sickness in November 2009 prompted hi... More...   $0 (07-22-2013 - TX)

John L. Preston, Jr. v. Burlington City Retirement Plan

¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City’s decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm.
More...
   $0 (07-12-2013 - VT)

Ross Ford v. Peggy Gary

Ross Ford sued Peggy Gary and James P. Zink on auto negligence theories claiming that he was injured and/or damaged in a care wreck caused by Gary and Zink.

Plaintiff claimed:

On March 27, 2007, a motorcycle driven by Officer Ross Ford (hereinafter, “Plaintiff’) collided into the side of the Defendant Peggy Gary’s car, which pulled out from the stop sign at Lakewood and wa... More...
   $0 (06-30-2013 - OK)

Cassie Bird v. Jeremy Bird

Cassie Bird, individually and as Mother and Next Friend of Julia Bird, a minor, sued Jeremy Bird on an auto negligence theory claiming:

1. On or about January April 19, 201112,2012, Julia Bird, a minor, was injured in a single vehicle accident caused by the defendant. The location of the accident was 8501 NW. 82nd street in Oklahoma City, Oklahoma, Oklahoma County.

2. The cause o... More...
   $51000 (06-26-2013 - OK)

Charles Sheffer v. Carolina Forge Company, LLC

¶1 On August 24, 2006, William Garris III and David Billups flew from Raleigh, North Carolina, to Joplin, Missouri, on a business trip for their employer, Carolina Forge Company, L.L.C. Garris was the quality manager for Carolina Forge, and Billups was a customer service representative. The trip was scheduled to take place from August 24, 2006, to August 27, 2006, in Joplin, Missouri. Normally, W... More...   $0 (06-25-2013 - OK)

State of Indiana v. Jeffrey Alan Weisheit

The State of Indiana charged Jeffrey Alan Weisheit, age 37, with first-degree capital murder and arson in connection with the deaths of his former girlfriend's two children. The State claimed that Weisheit set fire to his own Evansville, Illinois home in 2010 while his then-girlfriend's children, 5-year-old Caleb Lynch and 8-year-old Alyssa Lynch, were inside.

In order to call a death a ... More...
   $0 (06-21-2013 - IN)

Shahla M. Rabie Cortez v. Palace Resorts, Inc.

The underlying question in this case is whether the forum non conveniens doctrine was erroneously applied to force a United States citizen to litigate her negligence action in Mexico, when her lawsuit was filed against a corporation with its primary place of business in Florida and where the allegations of the complaint relate to an incident that took place in Mexico but center on conduct occurrin... More...   $0 (06-20-2013 - FL)

Aura Siri Santos v. Pedro A. Perez, et al., Defendants, Gerardo Pena-Taveraz

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 10, 2012, which granted defendants Gerardo Pena-Taveraz and American United Transportation II, Inc.'s motion for summary judgment dismissing the complaint for failure to satisfy the serious injury threshold under Insurance Law § 5102(d), unanimously modified, on the law, to deny the motion with respect to plaintiff Aura ... More...   $0 (06-20-2013 - NY)

Synthia Tate v. Donald Creed

Synthia Tate, and Heathe rTate, individually and as parents and legal guardians of Dylan Tate and Aimee Tate, minor children sued Donald Creed, Erin Alf, Associated Wholesale Grocers, Inc., ACE American Insurance Company, G.D. Transport, Inc., National Liability and Fire Insurance Company and Rajeev Sharma claiming:

1. On or about the 26th day of June, 2009, Defendant, Sharma was operatin... More...
   $0 (06-17-2013 - OK)

State of Arizona v. Inter Tribal Council of Arizona

The National Voter Registration Act requires States to “accept and use” a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl... More...   $0 (06-17-2013 - AZ)

Nuair, LLC v. Gary Sipes d/b/a Sipes Aircraft

Nuair, LLC sued Gary Sipes d/b/a Sipes Aircraft on a breach of contract theory claiming:

Plaintiff hired Defendant to perform routine maintenance, inspections, and annual inspections on its Cessna 414A0002 N37543 (hereinafter “Aircraft”). Defendant failed to properly perform the aircraft maintenance, inspection, and annual inspection services it was contracted to perform. Defendant bill... More...
   $19601 (06-15-2013 - OK)

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AK Morlan
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