Plane Crash Law
 
Detroy Marshall, Jr., as Personal Representative and Administrator of the Estate of Detroy Marshall III, Deceased, v. Burger King Corporation, et al.

Plaintiff, Detroy Marshall, Jr., as personal representative and administrator of the estate of his son, Detroy Marshall III, filed a negligence action in the circuit court of Winnebago County against Burger King Corporation, Davekiz, Inc., Pamela Fritz, and various insurers. The decedent was killed when a car driven by Fritz crashed through the wall of the Burger King restaurant where the dece... More...   $0 (06-28-2006 - IL)

Isla Nena Air Srvices, Inc., et al. v. Cessna Aircraft Company, et al.

Plaintiffs-Appellants Isla Nena Air Services, Inc. and its successor in interest San Juan Jet Charter, Inc. (hereinafter "Isla Nena") brought suit against defendants-appellees Cessna Aircraft Company ("Cessna") and Pratt & Whitney Canada Corporation ("PWC") in the United States District Court for the District of Puerto Rico. The complaint alleged claims arising from an airplane crash near Culeb... More...   $0 (06-01-2006 - PR)

Salvatore Giove v. United States Department of Transportation, et al.

Plaintiff Salvatore Giove appeals from the order of the district court granting summary judgment to defendant United States Department of Transportation on his claims of harassment, hostile work environment, disparate treatment, and termination on the basis of national origin.(1) Our jurisdiction arises under 28 U.S.C. § 1291, and, after applying the same legal standard as the district court wh... More...   $0 (05-06-2006 - CO)

Bowitz v. Kudilacik & Petry

PASSENGER - MOTORCYCLE - LEFT TURN ONCOMING VEHICLE & CELL PHONE - MOTORCYCLE DRIVER INTOXICATED

The plaintiff Nancy Bowitz suffered sever fractures to her femur, radius and ulna requiring external fixation with internal placement of rods while riding as a passenger on a motorcycle. She received a total policy limits settlement of $400,000 for her loses. The driver of her motorcycle had ... More...   $400000 (04-26-2006 - IL)

Tatum Souza, a Minor, etc. v. Squaw Valley Ski Corporation, et al.

In this negligence and strict products liability action, a child skier collided with a plainly visible, aluminum snowmaking hydrant located on a ski run. The trial court granted summary judgment to the ski resort and the hydrant distributor, deeming the collision an inherent risk of skiing under the primary assumption of risk doctrine and finding no basis for the products liability claim... More...   $0 (04-07-2006 - CA)

CARROLL E. HEATHERLY, Individually, and as Independent Administrator of the Estate of MARGARET M. HEATHERLY, deceased, v. MIDWEST SPECIALIZED TRANSPORTATION and DAVID GILBERTSON

A jury in Omaha in a trial presided over by Federal District Court Judge Lyle Strom returned a verdict for $6.6 million in favor of a Lisle man, Carroll Heatherly, 49, in a case resulting from a multi-vehicle crash on Interstate 80, near Grand Island, Nebraska. The trial in which the $6.6 million verdict was returned Thursday evening was the second trial impaneled on this matter.

"Accor... More...   $6600000 (04-06-2006 - NE)

Graeme Sephton v. Federal Bureau of Investigation

In 1996, a passenger airliner bound for Paris crashed in the Atlantic Ocean ten minutes after departing from New York. All on board perished. Following an investigation by multiple federal agencies, including the FBI, the National Transportation Safety Board concluded that the probable cause of the crash was an explosion in one of the fuel tanks. A group of the victims' family members formed an... More...   $0 (03-31-2006 - MA)

Paul Esposito v. City of New York City

Paul Esposito, age 26, sued the City of New York for the injuries and damages that he sustained in the October 15, 2003 ferry crash in which 11 passengers were killed. Esposito lost both legs in the accident. Esposito is able to be mobile by using computerized prosthetics. ... More...   $8986852 (03-25-2006 - NY)

Rita Langenhorst, Special Adm'r of the Estate of Gerald Langenhorst, Deceased v. Norfolk Southern Railway Company, et al.

Plaintiff, Rita Langenhorst, as special administrator of the estate of Gerald Langenhorst, deceased, brought a wrongful-death action in the circuit court of St. Clair County against defendants, Norfolk Southern Railway Company (Norfolk), Jimmy Ellis, Samuel Baggett, and Keith Egmon. Plaintiff sought damages for the death of Gerald Langenhorst, resulting from a train-motor vehicle accident occu... More...   $0 (03-02-2006 - IL)

Jerry Gaston, et al. v. City of Springfield, Illinois, et al.

Jerry Gaston and others sued the City of Springfield, Illinois, for the injuries and damages they sustained when the car in which they were passengers was hit at 11th and Spruce streets on May 2, 2002 by a car being driven by Derek Brown which was being chased by Springfield Illinois police officers Chris Stout and April Smiddy. The officers were chasing Brown but they did not turn on their squ... More...   $24473285 (03-02-2006 - IL)

Estates of Jana Conway, et al. v. Dorothy M. Dravenstsott

Jana Conway, age 29, her husband, Michael, and her aunt, and Sharon Heydinger, were killed in a crash June 30, 2002, when the car in which they were riding was hit by a vehicle driven by Defendant on U.S. 224 near Lodi in Medina County. ... More...   $1800000 (02-01-2006 - OH)

Reliance Insurance Company v. Stephen Chitwood

Reliance Insurance Company sued Stephen Chitwood and Continental Western Insurance Company for reimbursement for the cost of settling a lawsuit brought by several people injured in a motor vehicle accident involving Mr. Chitwood. The district court granted the summary judgment motions of Mr. Chitwood and Continental Western, and we affirm these orders. We believe, however, that the distric... More...   $41244 (01-11-2006 - MO)

Estates of David and Ann Drye v. Teledyne Continental Motors, Vibratech, Inc., Stevens Aviation and RAM Aircraft

The Children and Estates of David and Ann Drye sued Teledyne Continental Motors, Vibratech Inc., Stevens Aviation and RAM Aircraft for the wrongful deaths of their parents in a plane crash near the Mecklenburg County Airport in 1999. The claimed that They claimed that engine failure caused the Dryes' Cessna 421 to crash into a wooded area in Mecklenburg County, about three miles from the airpo... More...   $26000000 (01-06-2006 - NC)

Albert J. Stone and Tammy Stone, etc. v. Farm Burean Town & Country Insurance, etc.

Albert and Tammy Stone (collectively, "the Stones"), in their capacities as the assignees of Arlene Bateman ("Arlene"), sued Farm Bureau Town & Country Insurance Company of Missouri ("Farm Bureau") to recover damages allegedly caused by Farm Bureau's failure to defend and/or settle personal injury and wrongful death claims asserted against Arlene. These claims arose out of a December 2002 autom... More...   $0 (01-04-2006 - MO)

Families and Estates of Shawn King and Charles Scherer v. London Aviation

The Families and Estates of Shawn King and Charles Scherer sued London Aviation for the wrongful deaths after their plane lost power and landed nose first behind the Collier County Humane Society on June 19, 2002. Cavin Councilor, age 38, was the pilot of the plane. London Aviation owned an operated fixed base operations at the airport that serviced the aircraft. The NTSB and FAA investigatio... More...   $1000000 (12-09-2005 - FL)

Guardianship of Eric Brody v. Broward Sheriff Office

Eric Brody, age 18, was severely and permanently brain injured on March 3, 1998, while making a left hand turn at the intersection of Oakland Park Blvd and NW 117th Lane in Sunrise,Florida. Brody was driving his 1982 AMC Concord and was struck on the passenger side by a patrol car driven by Broward Sheriff's Deputy Chris Thieman at an impact speed of at least 50 mph. The Plaintiffs' alleged tha... More...   $31000000 (12-02-2005 - FL)

Selden Atteberry, Individually and as Representative of the Estate of Barbara Attebery, etc. v. Nocona General Hospital

In this consolidated interlocutory appeal, defendantsappellants Charles R. Norris and Barbara Jean Perry challenge the district court's denial of their motions to dismiss. For the reasons stated below, we AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

The plaintiffs-appellees (the "Plaintiffs") in this consolidated appeal are relatives or representatives of e... More...   $0 (11-04-2005 - TX)

Gary Faust v. Bellingham Moose Lodge No. 493

Gary Faust sued Bellingham Moose Lodge No. 493 on a Dram Shop claim theory for the injuries and damages that he sustained as a result of an automobile accident involving a patron of the Defendant's bar. Faust was paralyzed from the waist down as a result of spinal cord injuries that he sustained when he was 7-years-old. Plaintiff claimed that lodge bartender served drinks to 57-year-old Hawkey... More...   $14000000 (10-26-2005 - WA)

Micky Smith, et al. v. Ford Motor Company, et al.

The Family and Estate of Thomas Brown, et al. sued Ford Motor Company on a wrongful death products liability theory claiming that the 2001 Ford Expedition, purchased at Reynolds Ford in Oklahoma City two days prior to a July 26, 2003, crash on U.S. Highway 64 near Raton, New Mexico, that left five people dead, was defective and unreasonably dangerous. The Plaintiffs claimed that the a wheel be... More...   $0 (09-14-2005 - OK)

Family and Estate of Matthew Marroquin v. Ford Motor Company

The Family and Estate of Matthew Marroquin sued Ford Motor Company for wrongful death on a products liability theory claiming that the boy was killed because the the seat belts and the glass on the rear side window of their 2000 Expedition weren't capable of protecting a passenger in a rollover accident. They claimed that the Expedition was defective and unreasonably dangerous to Matthew and th... More...   $42000000 (09-14-2005 - TX)

Susan Buschmann v. Little Rock, et al.

Susan Buschmann sued Little Rock National Airport for the wrongful death of her husband, an American Airlines pilot killed in a crash of his aircraft. She claimed that her husband and 10 others were killed because of unsafe conditions at the airport when Flight 1420 crashed during a violent thunderstorm on June 1, 1999.

The defenses asserted by the defendants are not available.... More...   $2100000 (09-07-2005 - AR)

Patricia White v. Mark Tackett

In this personal injury case, Patricia White was injured when a suspect fleeing from police crashed his car into hers. White sued Mark Tackett, in his official capacity as a state trooper for the Texas Department of Public Safety, for recklessness in initiating and continuing the pursuit that led to White's injuries. Tackett moved for summary judgment on his affirmative defense of official immu... More...   $0 (08-26-2005 - TX)

Sharon Surles, et al. v. Greyhound Corporation

Sharon Surles, et al. sued Greyhound Corporation claiming that Greyhound was negligent in the operation of one of its buses with the result that a Croatian man riding on a bus travelling from Nashville to Chattanooga on I-24 was able to attack the driver on October 3, 2001 with a box cutter causing the bus to crash killing six passengers including the attacker and injuring Ms. Surles.

The d... More...   $8000000 (08-12-2005 - TN)

Kim Talbott and Bonnie Talbott, as Personal Representative of the Estate of Damon K. Talbott v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Roswell Hospital Corporation (the Hospital) appeals from a judgment in favor of Kim and Bonnie Talbott (Plaintiffs), as co-personal representatives of the estate of Damon K. Talbott (Decedent). The Hospital raises six issues on appeal. We reverse and remand on grounds that a significant question of fact was improperly decided by the district court, rather than the jury. We also addre... More...   $0 (08-11-2005 - NM)

Family and Estate of Roy Williams v. Crabby Jacks

The Family and Estate of Roy Williams sued Crabby Jacks for wrongful death claiming that his death in wrong-way head-on crash in 1999 was a direct result of Crabby Jacks selling Ernesto Gonzalez, Jr. too much alcohol. The Plaintiffs claimed that bartenders at the restaurant continued to serve alcoholic drinks to Ernesto Gonzalez Jr., who was driving drunk. Gonzalez was plead guilty to intoxicat... More...   $6000000 (07-21-2005 - TX)

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