Plane Crash Law
 
Homeland Express, LLC v. Tania Seale

In this personal injury case, Homeland Express, LLC, Homeland Truck Lines, Tsatenawa-Nkongo Transport, and Atseko Tsatenawa (collectively Appellants) appeal the trial court’s judgment in favor of Tania Seale and Matthew E. Seale. For the reasons that follow, we affirm.

FACTUAL SUMMARY

At approximately 6 a.m. on a winter morning, while it was still pitch black and the ... More...
   $0 (11-02-2012 - TX)

Lynn Williams v. Donna Hamilton

COMES NOW the Plaintiff, by and through his attorney, David L. Smith, and for their claims of relief, state and allege the following:

1. On or about September 22, 2010, the plaintiff was stopped due to traffic in the westbound lanes on Main Street when the vehicle driven by Donna Hamilton struck a vehicle operated by Nelly Jantes causing that vehicle to hit Lynn Williams. The crash occurr... More...
   $1 (11-01-2012 - OK)

Ellen Neiman v. Leo A. Daly Company

Plaintiff Ellen Neiman filed this personal injury action after she fell on stairs at a theater on the campus of Santa Monica Community College. She appeals from a judgment entered after the trial court granted summary judgment in favor of defendant Leo A. Daly Company (LAD), the architect who designed the theater and observed its construction. Neiman contends the trial court erred in concluding as... More...   $0 (10-30-2012 - CA)

Melody Carson v. Mercury Insurance Company

Soon after purchasing her first new car, Melody Carson was involved in an automobile accident with a third party, who was at fault and who was insured. At the time of the accident, Carson‟s vehicle had a market value of $25,000. Her automobile insurance policy with Mercury Insurance Company provided it had the option of repairing or paying for Carson‟s vehicle, subject to several express liabi... More...   $0 (10-27-2012 - CA)

McAllen Hospitals, L.P. d/b/a McAllen Medical Center v. State Farm County Mutual Insurance Company of Texas

In this appeal, we are asked to interpret the Texas Hospital and Emergency Medical Services Lien statutes. See TEX. PROP. CODE ANN. §§ 55.001–.007 (West Supp. 2011). By one issue, appellant, McAllen Hospitals, L.P. d/b/a McAllen Medical Center and d/b/a Edinburg Regional Medical Center (“MMC”), contends that the trial court erred in granting appellee’s, State Farm County Mutual Insurance... More...   $0 (10-27-2012 - TX)

Michelle Beth McSweeney v. Michael Ray Estep

Michelle Beth McSweeney sued Michael Ray Estep an Hezingers Construction, Inc. on negligence theories claiming:

1. That on or about the 1 7th day of December, 2011 on a public roadway known as East 51 Street and near its intersection with South Lewis Avenue, City of Tulsa, County of Tulsa, State of Oklahoma the Defendant, Michael Ray Estep (“Estep”) did drive a motor vehicle in a neglig... More...
   $0 (10-13-2012 - OK)

Michael Burgess v. Rafael Jimenez

Michael Burgess sued Rafael Jimenez on an auto negligence theory claiming:

1. That on or about December 22, 2010, Plaintiff was driving his vehicle Westbound on East 61st Street, near the intersection of 107 East Avenue in the City of Tulsa, County of Tulsa, State of Oklahoma, when another vehicle driven by the Defendant negligently turned left in front of Plaintiff, causing a collision b... More...
   $0 (10-13-2012 - OK)

Sylvia Yolanda Arredondo v. Antonio A. Betancourt, Jr.

Sylvia Yolanda Arredondo appeals the trial court‘s May 31, 2011 order granting Antonio A. Betancourt, Jr.‘s petition to modify the parent-child relationship. We affirm the judgment as modified.

I

Sylvia and Antonio married in January 2001, and Sylvia gave birth to their son in April of that year. The couple divorced in September 2002. In their agreed divorce decree, Sylvia and An... More...
   $0 (10-12-2012 - TX)

Dwight G. Purdy v. Deere and Casualty

2 A young child was severely injured when a riding lawnmower driven by
3 her father backed into her. Plaintiff, the child's conservator, brought this product liability
4 action against the lawnmower's manufacturer, Deere and Company, and the company that
5 sold the girl's father the lawnmower, Ramsey-Waite Company. A jury returned a verdict
6 for the defense. Plaintiff appeals, rai... More...
   $0 (10-10-2012 - OR)

Madame Habyarimana v. Paul Kagame

On April 16, 1994, over the Rwandan capitol of Kigali, two surface-to-air missiles brought down an aircraft carrying then Rwandan and Burundi Presidents, Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity. The killings fueled the Rwandan genocide, which spread violence across East Central Africa and cost upwards of one million innocent victims their lives. Some believe the then Tut... More...   $0 (10-10-2012 - OK)

Lauren Whenry DDS v. Mark D. Tiernan DMD and Associates, P.C.

Lauren Whenry DDS sued Mark D. Tiernan DMD and Associates, P.C. on a breach of contract theory and embezzlement theories.

Defendant counterclaimed asserting claims based on conversion, breach of contract, and bad faith breach of written contract theories.

1. On November 3, 2008, Plaintiff entered into an Employment Agreement with Defendant to be employed as a professional dentist (t... More...
   $1 (10-08-2012 - OK)

Marilyn Pilalas v. The Cadle Company

Marilynn Pilalas, a resident of Pembroke, Massachusetts, challenges the district court's grant of summary judgment dismissing claims she brought against the Cadle Company ("Cadle Company") and its corporate sibling CadleRock Joint Venture II, L.P. ("CadleRock") for unlawful debt collection under Massachusetts law; collectively, we refer to them both as "Cadle" where the distinction does not matte... More...   $0 (09-12-2012 - MA)

Charles E. Yeager aka Chuck v. Connie Bowlin

Plaintiffs, retired General Charles E. “Chuck” Yeager and his foundation, appeal the district court’s order granting summary judgment to Defendants Ed and Connie Bowlin. Yeager contends that the district court should not have struck his declaration, which contains comprehensive details he did not remember at his deposition. He also contends that, under California’s single-publication rule,... More...   $0 (09-11-2012 - CA)

Lynn Harding v. Atlas Title Insurance Agency, Inc.

¶1 Lynn and Eileen Harding appeal the trial court’s grant of summary judgment in favor of Atlas Title Insurance Agency, Inc. (Atlas Title); Randy Kidman; Dave White; Jeremy Larkin; and Scott Wilson (collectively, Atlas),1 in which it determined that the Hardings could not demonstrate the proximate cause element of the various causes of action without resorting to speculation. We reverse and rem... More...   $0 (09-10-2012 - UT)

Nikita Hay v. Alvin Harbert

Nikita Hay sued Alvin Harbert on an auto negligence theory claiming:

1. That both Plaintiffs are residents of Tulsa County, State of Oklahoma;

2. That Defendant Harbert is a resident of Oklahoma County, State of Oklahoma;

3. That the auto wreck complained of herein occurred in Tulsa County, State of Oklahoma;

4. That this Court has personal and subject mailer jurisdicti... More...
   $1 (09-08-2012 - OK)

James Bannister v. State Farm Mutual Insurance Company

Plaintiff James Bannister was injured in a motorcycle accident on the freeway near Oklahoma City in 2009. According to Bannister, he was forced to lay down and slide his motorcycle at a high speed when a car in front of him braked suddenly, that car having been cut off by another car. Bannister slammed into the wall of the freeway and suffered substantial injuries. He did not collide with any othe... More...   $0 (09-05-2012 - OK)

Jason Miller v. Utah Department of Education

¶1 Jason and Melissa Miller, individually and as guardians ad litem for their minor child, appeal from a judgment entered after a jury verdict. The Millers argue that the district court erred in ruling certain evidence inadmissible under federal law, and in denying their requests for an instruction against drawing adverse inferences (adverse inference instruction) regarding the excluded evidence ... More...   $0 (08-31-2012 - UT)

J. Jesus Rodriguez v. Philip Boerjan

Appellants J. Jesus Rodriguez and M. Carmen Negrete (the Rodriguezes) sued appellees Philip Boerjan, Mestena Inc., Mestena Operating, LLC, and Mestena Uranium, LLC (the Mestenas) for the wrongful deaths of their daughter Angelina and her husband and daughter. The three undocumented aliens were killed in a rollover accident on the Jones Ranch. The Rodriguezes assert the accident was caused by the M... More...   $0 (08-31-2012 - TX)

Brian Darrell Davis v. Randall G. Workman

An Oklahoma jury convicted Defendant Brian Darrell Davis of the firstdegree murder and rape of Josephine “Jody” Sanford, the mother of his girlfriend Stacey Sanford. On the recommendation of the jury, Defendant received a 100- year prison sentence for the rape and a death sentence for the murder. After unsuccessfully appealing to the Oklahoma Court of Criminal Appeals (OCCA), see Davis v. Stat... More...   $0 (08-28-2012 - OK)

Dimitrios Koutsoukos v. Toyota Motor Sales, U.S.A.

The plaintiff, Dimitrios Koutsoukos, administrator of the estate of Melissa A. Koutsoukos (decedent), appeals from the summary judgment rendered by the trial court in favor of the defendants, Toyota Motor Sales, U.S.A., Inc. (Toyota) and Crabtree Motors, Inc. (Crabtree), in this product liability action stemming from a fatal motor vehicle accident. The plaintiff claims that the court erred (1) by ... More...   $0 (08-28-2012 - CT)

National Union Fire Insurance Company of Pittsburgh, Pennsylvania and American Eurocopter Corporation

Plaintiff-Appellant National Union Fire Insurance Co. brought this suit against Defendant-Appellee American Eurocopter Corp. (“AEC”), seeking contribution to National Union’s settlement of claims arising from the crash of a helicopter operated by National Union’s insured. National Union initially brought the case in Hawaii, where the helicopter crashed. The District of Hawaii found that it... More...   $0 (08-27-2012 - TX)

City of Santa Fe v. Julio J. Marquez

{1} The City of Santa Fe (City) charged Julio Marquez with two violations of the Santa Fe City Code (SFCC), including Operating a Motor Vehicle Under the Influence of Intoxicating Liquor or Drugs (DWI). After the City rested its case at trial, the district court sua sponte ruled that the arresting officer’sDWI investigation was unlawful and on that basis entered an order suppressing all evidence... More...   $0 (08-20-2012 - NM)

New London County Mutual Insurance Company v. Andrzej Bialobrodec

In this declaratory judgment action, the defendant Edward Dzikiewicz, administrator of the estate of TyCody Dzikiewicz (decedent), appeals from the summary judgment rendered by the trial court in favor of the plaintiff, New London County Mutual Insurance Company.1 On appeal, the defendant claims that the court erred in ruling that the motor vehicle exclusion provision and the negligent entrustment... More...   $0 (08-14-2012 - CT)

Liberty Mutual Insurance Company v. Christine Schwanenberg

2 Claimant Christine Schwanenberg is the surviving spouse of a deceased
3 worker, Roark Schwanenberg, who died in a helicopter crash while working as a pilot for
4 employer Carson Helicopters, Inc. Respondent Liberty Mutual Insurance Company is
5 Carson's workers' compensation insurer and the paying agency on claimant's claim for
6 workers' compensation benefits. Liberty seeks revi... More...
   $0 (08-08-2012 - OR)

Mark S. Palmquist v. Eric K. Shinseki

This appeal requires us to resolve a question of first impression at the federal appellate level: Does the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-796l, entitle a plaintiff to relief when retaliation for his complaints about disability discrimination is a motivating factor in, but not the but-for cause of, an adverse employment action? We answer this question in the negative. Because the c... More...   $0 (08-03-2012 - ME)

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AK Morlan
Kent Morlan, Esq.
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