Toxic Tort Law
 
JACOB HACKMAN vs. NEW HAMPTON MUNICIPAL LIGHT PLANT

Appeal from the Iowa District Court for Chickasaw County, Margaret
Lingreen, Judge. Hackman was hired by the Plant in June 2008 as an operator. He
understood he was to be trained as a lineman as well to enable him to perform
additional tasks in the course of his employment. Hackman and his coworker,
David Hauser, reported to Gregory Heying, another operator. Brian Geschke

More...   $15773 (10-17-2015 - IA)

Jennifer Diane Nunez v. Pinnacle Homes, LLC and SUA Insurance Company

We granted the defendants’ writ application in this case to determine
whether the lower courts erred by imposing personal liability on the sole member
and manager of a limited liability company (“L.L.C.”). The issue presented concerns
the scope of the narrow professional duty exception to the general rule of limited
liability for members, managers, employees, and agents of an

More...   $0 (10-16-2015 - LA)

PATRICIA ANN THOMPSON v. WINN-DIXIE MONTGOMERY, INC.,

Plaintiff, Patricia Ann Thompson, was injured when she slipped and fell in a
puddle of water while shopping at a Winn-Dixie store. Plaintiff filed suit
against Winn-Dixie, which in turn filed a third party demand against Southern
Cleaning Services, Inc. (“SCSI”) which was contracted to provide floor care and
janitorial services to Winn-Dixie. SCSI filed a third party claim again

More...   $0 (10-16-2015 - LA)

Public Land Assn. v. Jones

Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana.
Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters
Boadle Ranch at the east boundary of the property and travels west where historically it
crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with
Canal Road. Canal Road runs northwest to Pish

More...   $405000 (10-15-2015 - MT)

Anderson v. Mandalay Corp.

NRS 41.745(1)(c) makes employers vicariously liable for
employees' intentional torts if a plaintiff can show the intentional conduct
was "reasonably foreseeable under the facts and circumstances of the case
considering the nature and scope of [the employee's] employment." Here,
we are asked to determine whether it was reasonably foreseeable that an
employee would rape a hotel g

More...   $0 (10-15-2015 - NV)

Greater Boise Auditorium District v. Frazier

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is

More...   $0 (10-15-2015 - ID)

Billy Hammonds, Jr. v. Mohammad R. Momenna and Loretta Kapurani d/b/a Cash for Cars and d/b/a Lowest Price Auto Parts & Sales

Oklahoma City, OK - Billy Hammonds, Jr. sued Mohammad R. Momenna and Loretta Kapurani d/b/a Cash for Cars and d/b/a Lowest Price Auto Parts & Sales on personal tort (dog bite) theories claiming:

I
That the Plaintiff is a resident of Oklahoma County, Oklahoma; that the Defendants are residents of Oklahoma County, Oklahoma; that the cause of action herein complained of arose in Oklahoma

More...   $1 (09-23-2015 - OK)

Kimberly Windel v. Walgreens Family of Companies, Walgreens Store #3648 and Walgree Oshkosh, Inc.

Oklahoma City, OK - Kimberly Windel, individually and as Parent and Next Friend of F.P., a minor sued Walgreens Family of Companies, Walgreens Store #3648 and Walgree Oshkosh, Inc. on personal tort theories claiming:

COMES NOW the Plaintiffs, Kimberly Windel, Individually and as Parent and Next
Friend of Finley Parker, Minor by and through her attorney, Jacqueline Piland of the Piland

More...   $7500 (10-15-2015 - OK)

Shoshana Hebshi v. United States of America


1. On September 11, 2011, Plaintiff Shoshana Hebshi fl
ew on Frontier Airlines flight 623 from San Francisco, California, to Detro
it, Michigan. Upon landing, heavily armed agents forcibly removed Ms. Hebshi from the airplane; handcuffed, pat searched, and strip searched her; and locked her in a cell at Detroit Metropolitan Wayne County Airport before
interrogating her. Ms.

More...   $40000 (04-21-2015 - MI)

Brett Cude v. City of Oklahoma City

Oklahoma City, OK - Brett Cude sued the City of Oklahoma City on a governmental tort claim theory claiming:

1. Plaintiff Brett Cude is a resident of Oklahoma County, Oklahoma.
2. Defendant, City of Oklahoma City (hereinafter “City”), is an OkiaF oma Municipal Corporation located in Oklahoma County, Oklahoma.
3. The events giving rise to this litigation occurred in Oklahoma County,

More...   $50000 (09-09-2015 - OK)

Syed Hassan v. City of New York

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the “City”). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the “NYPD”) began in the
wake of the September 11, 2001 terrorist attacks (the
“Program”). Plaintiffs allege that the Program is based on the
false and stigmatizing pre

More...   $0 (10-13-2015 - NJ)

Brusby v. Metropolitan District

The following facts and procedural history are relevant to this appeal. The plaintiff owns and resides in a house located on Newport Avenue in West Hartford. The defendant is a municipal corporation that provides potable water and sewerage services to its customers, including the plaintiff, on a regional basis. On October 15, 2005, and March 7, 2011, raw sewage entered into and flooded the plainti

More...   $0 (10-13-2015 - CT)

Rosa Lee Cardenas v. M. Fanaian, D.D.S.

Rosa Lee Cardenas reports to the Reedley Police Department that a coworker may have stolen her wedding ring at her workplace, she was terminated from her employment as a dental hygienist.

Cardenas then filed a lawsuit against her employer, M. Fanaian, D.D.S., Inc. (defendant), and against Masoud Fanaian, D.D.S. (Dr. Fanaian) individually, seeking to recover compensatory damages based on t

More...   $0 (10-01-2015 - CA)

Texas State Technical College v. Monique Washington

Monique Washington alleged she slipped and fell in some water in a building on the campus of Texas State Technical College, a governmental entity. A water line had broken in the ceiling of the building and flooded the floor. Washington sued TSTC for the injuries she sustained in her fall. TSTC filed a plea to the jurisdiction which the trial court denied. Because the trial court did not err in den

More...   $0 (09-17-2015 - TX)

Margaret Cannon v. Connie Spence

On November 24, 2014 and December 2, 2014, appellant, Margaret L. Cannon, filed pro se notices of appeal, challenging judgments granted in favor of numerous parties.1 In the current appeal, Cannon complains about the trial court’s dismissal of her claims
1 On January 22, 2015, we severed and dismissed Cannon’s claims against Officer Tristan Lopez, Officer Bobby Williams, and the City of Bryan.

More...   $0 (09-03-2015 - TX)

Pan Am Systems, Inc. v. Hardenbergh

Basically, plaintiffs are upset because they think four
ANR&P articles — published between December 2009 and March 2011 —
contained false and defamatory statements. Discussing a train
derailment on a Springfield-owned rail line, the first article —
after relying on reports in leading newspapers — quoted a state
official as saying the accident was "'perfectly predictable'"

More...   $0 (10-13-2015 - ME)

Pan Am Systems, Inc. v. Atlantic Northeast Rails and Ports, Inc.

Today's appeal centers on a district judge's decision
kicking out this battle-scarred defamation case on summary
judgment. By way of introduction, plaintiffs are David Andrew
Fink, Pan Am Systems, Inc., and Springfield Terminal Railway
Company. Fink is the former President and CEO of Pan Am, the
parent corporation of Springfield. Defendants are Chalmers
Hardenbergh and Atla

More...   $0 (10-12-2015 - ME)

The City of Socorro v. Enrique Hernandez and David Maldonado

According to the live pleadings below, on or about December 23, 2009, Enrique Hernandez and David Maldonado were involved in a collision on a darkened section of North Loop Drive in Socorro, Texas. The crash rendered Hernandez’s car inoperable and it stopped dead in the street. The electrical system was damaged and the hazard lights were not working. A police unit of the City responded to a report

More...   $0 (09-02-2015 - TX)

DeMarco Deon Williams v. City of Tulsa

Plaintiff DeMarco Deon Williams appeals from two district court orders that together dismissed all claims asserted against defendants City of Tulsa and Tulsa Police Chief Ron Palmer arising out of alleged misconduct by Tulsa Police Officers. The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res j

More...   $0 (10-11-2015 - OK)

Derek Burton v. Michael Downey

Burton was detained at the JCDC from September 23,  2009 to March 17, 2011, while he awaited trial and sentencing for charges of home repair fraud, false impersonation of  a firefighter, and driving on a revoked license. Before his detention, Burton had been treated by Dr. Zumwalt, a 
primary care physician, for numerous health issues, including chronic back pain, chronic anxiety, acid reflux,

More...   $0 (10-11-2015 - IL)

David Herr v. U.S. Forest Service

David and Pamela Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it. That plan was dashed when the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area. The Herrs responded with this lawsuit,

More...   $0 (10-11-2015 - MI)

Maher Terminals LLC v. The Port Authority of New York

Although Maher Terminals, LLC (“Maher”) challenges the rent it must pay under its lease agreement (“the Lease”) with the Port Authority of New York and New Jersey (“the Port Authority”), this case is not a typical landlordtenant dispute. Maher, a landside marine terminal operator, asserts that the rent due under the Lease violates the U.S. Constitution’s Tonnage Clause, U.S. Const. art. I, § 10, c

More...   $0 (10-10-2015 - NJ)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co

More...   $0 (10-09-2015 - OR)

Nurse v. Omega US Insurance, Inc.

This case arises from the denial of coverage by
the defendant, Omega US Insurance, Inc. (Omega1), for water
damage to a multi-unit residence owned by the plaintiff, Karl
Nurse. The damage is alleged to have been caused by a burst
1 Omega's successor-in-interest is Canopius US Insurance,
Inc. We use the name Omega as did the judge and the parties.
2
pipe which resulted f

More...   $0 (10-07-2015 - MA)

In the Interest of R.N. and Z.N., Children

T.N. is the mother of the four children involved in this matter. Her parental rights to the children were terminated by order of the trial court.1 M.H. is the father of the children C.H. and N.H., and his parental rights to the children were terminated in the same trial.2 Each parent appeals, asserting that the evidence was insufficient to
1 Pursuant to Texas Rule of Appellate Procedure 9.8, w

More...   $0 (09-11-2015 - TX)

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AK Morlan
Kent Morlan, Esq.
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