This is an appeal from an order granting a new trial in a tort case involving a single-car rollover. The injured passenger, respondent Alyson Roth, obtained a $5.9 million judgment against the driver, respondent Jennifer Stapleton, but lost on her product defect/crashworthiness claim against the car’s manufacturer, appellant Bayerische Motoren Werke (BMW). The district court granted Roth a new... More...   $0 (06-26-2011 - )

¶1 Plaintiff Lane Warenski appeals the district court’s grant of summary judgment on his negligence claim in favor of defendant Advanced RV Supply. We affirm.

¶2 Warenski brought a negligence action against Advanced RV Supply, alleging that its failure to properly inspect and repair a tie rod on Warenski’s allâ€�terrain vehicle (ATV) caused him to crash. After the parties completed di... More...   $0 (06-23-2011 - UT)

Librada Albarran sued the City of Austin (City) for money damages, alleging that it was vicariously liable for negligence and negligence per se of Austin Police Department (APD) Officer Scott Garner that had proximately caused an automobile accident resulting in personal injury and property damage to her. (1) She relied on the waiver of the City's governmental immunity created by section 101.021(1... More...   $0 (06-23-2011 - TX)

Appellant Jerri Bishop filed this wrongful-death action after her husband drowned in a hotel swimming pool. A Pulaski County jury found in favor of the hotel’s owner and manager, appellees Tariq, Inc., and Joe Fisher, leading to this appeal. For reversal, Mrs. Bishop argues that the circuit court erred in 1) excluding evidence that the hotel violated a state regulation requiring a lifeline betwe... More...   $0 (06-22-2011 - AR)

The collision occurred as the plaintiff was driving northbound on Dumfries Road, a divided primary... More...   $0 (06-19-2011 - VA)

In two issues, Appellant Norma Sano appeals the trial court’s designation of Appellee Jimmy J. Greenlee as joint managing conservator with the exclusive right to establish their child’s primary residence in its divorce decree. We affirm.

II. Factual and Procedural Background

After three years of litigation, the trial court granted the parties’ divorce, appointed San... More...   $0 (06-16-2011 - TX)

This appeal involves a dispute over legal fees between attorney, appellant O. F. Jones III, and his client, appellee Richard Whatley. Following a bench trial, the court entered judgment against Jones and filed findings of fact and conclusions of law. The trial court also awarded Whatley his attorney's fees on his counterclaims and his expert attorney witness's fees. By multiple, unnumbered issu... More...   $0 (06-09-2011 - TX)

This is an interlocutory appeal filed by Harl G. Stump, M.D., and Victor M. Eddy, M.D., challenging the district court's decision to apply the unique circumstances doctrine to prevent a cause of action filed by Danny Mangus from being barred by the statute of limitations. Although we recognize that the unique circumstances doctrine is one of specific and limited application, we affirm the district... More...   $0 (06-06-2011 - KS)

In September 2005, American Airlines, Inc. ("American") began charging passengers a fee of $2 for each bag checked with porters who provide curbside service (called "skycaps") at Boston's Logan Airport. Arguing that passengers mistook the fee for a mandatory gratuity for the skycaps and stopped tipping, several porters brought suit against American; the present appeal is a product of that litigati... More...   $0 (05-20-2011 - MA)

Appellants, Luci Martinez, individually and as representative of the estate of Luis Martinez, José Martinez, and Maria Martinez (collectively, “Martinezâ€�), sued Hays Construction, Inc. (“Hays Constructionâ€�), alleging claims for negligent hiring, negligence per se, and vicarious liability under the Texas Motor Carrier Safety Regulations arising out of a fatal traffic accident between Luis ... More...   $0 (05-12-2011 - Tx)

Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings.[1] The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners were not deprived of all or practically all benef... More...   $0 (05-10-2011 - WI)

The mother of Victoria Delacxroix sued Doncasters on a wrongful death theory claiming that Defendant manufactured and sold defective compressor blades that were used in a DeHavilland Twin Otter airplane in which Victoria and others were passengers which crashed near the Sullivan Missouri Regional Airport. Victoria was attempting to overcome her fear of heights by doing a tandem skydive. The plane... More...   $40000000 (05-07-2011 - MO)

Truman McGill and his wife, Margo, sued Martin Perez and Dion's Nursery and Transport Services for damages suffered in a traffic accident. Perez and Dion's Nursery moved for summary judgment on the issue of their negligence. A general magistrate heard their motion and recommended that it be granted. The circuit court adopted the magistrate's recommendation and entered final summary judgment in fav... More...   $0 (05-06-2011 - FL)

Plaintiff appeals a judgment for defendant in this slip and fall case, assigning error to the trial court's failure to give one instruction to the jury and its decision to give another. We hold that the trial court erred in failing to give the first instruction and that the second instruction was potentially misleading; we therefore reverse the trial court's judgment.

We state the facts in ... More...   $0 (05-04-2011 - OR)

April Gallop (“Gallopâ€�) appeals from a March 18, 2010 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing her complaint asserting violations of her constitutional rights pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), a common law tort of conspiracy to cause death and great bodily harm, and a violati... More...   $0 (04-27-2011 - NY)

Jeremy Robinson appeals the trial court's judgment in his marital dissolution case. He contends that the court's decision to allow Laura Robinson to relocate with the parties' minor child was not supported in the evidence. The judgment is affirmed.

Facts

Laura and Jeremy Robinson were married in September 2006. They resided in a house that Laura owned in Blue Springs, Missouri.... More...   $0 (04-12-2011 - MO)

¶1 Jenny L. Williams (Jenny) appeals from an order entered in the Thirteenth Judicial District, Yellowstone County, that awarded child support and distributed the marital estate of her former marriage to Bobby L. Williams (Bobby). The District Court’s order followed this Court’s remand in In re Marriage of Williams, 2009 MT 282, 352 Mont. 198, 217 P.3d 67 (Williams I). We affirm in part, reve... More...   $0 (04-05-2011 - MT)

Petitioner Mark J. Hoffman claims that his employer, NetJets Aviation, Inc., violated 49 U.S.C. § 42121 (“AIR 21â€�) by denying him appointment to the position of initial operating experience (IOE) instructor in retaliation for his reporting aviation safety and/or FAA compliance issues to the company and to the FAA, activities that are protected from retaliation under AIR 21. Because substantia... More...   $0 (03-29-2011 - OH)

Plaintiff Rebecca Rodriguez (Rodriguez) appeals the district court’s grant of summary judgment to Shiawassee County Sheriff’s Deputy Thomas Passinault (Passinault) in this 42 U.S.C. § 1983 action alleging excessive force under the Fourth and Fourteenth Amendments. We REVERSE the district court’s determinations that no seizure occurred and that Passinault is entitled to qualified immunity, a... More...   $0 (03-25-2011 - MI)

Plaintiffs, who sought $20 million in compensatory and punitive damages, alleged that defects in the 2007 Rhino 660 caused the vehicle to overturn, resulting in a fatal head injury to the front seat passenger, Ellie Sand. Plaintiffs claimed that the Rhino lacked adequate stability, a throttle limiting device, and occupant protection features such as doors and different handholds. Additionally, p... More...   $0 (03-24-2011 - OH)

This is an appeal from a declaration of no coverage under an umbrella policy issued by Farm Bureau Mutual Insurance Company of Idaho (“Farm Bureau�) to John and Lisa Schrock for a claim brought by their daughter Stacy Schrock. We affirm.

I.

Facts and Procedural History

Farm Bureau issued two insurance policies to John and Lisa Schrock, the City Squire Policy (the “Squire... More...   $0 (03-22-2011 - ID)

Appellants bring this interlocutory appeal challenging the district court’s grant of a motion to dismiss and a motion for judgment on the pleadings in Appellees’ favor based on its conclusion that Appellant’s state law claims are preempted by the Death on the High Seas Act (DOHSA). On September 16, 2009, we granted the petition for permission to appeal under 28 U.S.C. § 1292(b), giving us j... More...   $0 (03-19-2011 - CA)

{¶ 1} This matter is before the Court on the Notice of Appeal of Lloyd B. Fry, filed April 2, 2010. On April 7, 2008, Fry filed a complaint against Jack L. King following a July 4, 2006, collision between Fry’s motorcycle and King’s vehicle at the intersection of Route 66 and Ziegler Road, in Piqua. Fry alleged that King pulled his vehicle into the southbound lane of State Route 66 from Ziegl... More...   $0 (03-04-2011 - OH)

Wallace and Deborah Shields (the Shields) appeal from the denial of their motion for new trial following a jury verdict in favor of defendant Freightliner of Joplin, Inc. (Freightliner). The Shields argue that they are entitled to a new trial due to intentional nondisclosure by juror Russell Allgood (Allgood) during voir dire. We affirm.

I. Factual and Procedural Background

The Shiel... More...   $0 (02-28-2011 - MO)

{¶1} Plaintiffs-appellants, Cynthia Sue Heider, individually and as administrator of the Estate of Matthew J. Heider, and Cynthia Sue Heider, as parent, natural guardian, and next friend of Rachel E. Heider (“Rachelâ€�), a minor, (collectively “the estateâ€�) appeal the Allen County Court of Common Pleas’ grant of summary judgment in favor of defendants-appellees Ottawa Oil Company, Inc. (â... More...   $0 (02-28-2011 - OH)