Toxic Tort Law
 
Peggy Cedillo v. Farmers Insurance Company of Idaho

This appeal arose from an arbitration decision regarding Peggy Cedillo’s underinsured motorist insurance policy with Farmers Insurance Company of Idaho (“Farmers”) and damages for injuries she suffered in a motorcycle accident. After the arbitrator issued his final award, Farmers provided the arbitrator evidence that Farmers had already paid Cedillo the total amount of remaining damages. The

More...   $0 (03-03-2015 - ID)

Jennifer Ghigliotti v. Jimmy E. Smith

Jennifer Ghigliotti and Chris Ghigliotti sued Jimmy E. Smith, Joe Carey and Elizabeth Carey seeking damages claiming:

1. Plaintiffs own and live in a house located at 1525 S.E. 6th Street in Moore, OK.
2. Several months ago, Plaintiffs neighbors (Defendants Joe Carey and Elizabeth Carey, hereinafter “The Careys”) sued Plaintiffs over a dispute over a fence the properties share, SC

More...   $0 (02-11-2015 - OK)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th

More...   $0 (02-25-2015 - OR)

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin

In a land-use dispute, Charles N. Draper, pro se, sued the City of Austin and one of
its employees, Greg Guernsey, “in [Guernsey’s] capacity as Director of Planning and Development
Watershed Protection Review Department.”1 The City and Guernsey filed a motion to dismiss all
claims against him, invoking subsections (a) and (e) of the Tort Claims Act’s election-of-remedies
pr

More...   $0 (02-25-2015 - TX)

Shirley B. Baker v. R.J. Reynolds Tobacco Company

Shirley Baker (“Plaintiff”) sued R.J. Reynolds Tobacco Co. (“Defendant”) for the death of her husband Elmer Baker (“Mr. Baker”) that was allegedly caused by smoking. In her lawsuit, Plaintiff asserted claims for negligence, strict liability, concealment, and conspiracy. After the jury found Defendant’s actions were not the legal cause of her husband’s death, she argued that under t

More...   $0 (02-18-2015 - FL)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat

More...   $0 (02-19-2015 - CA)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would

More...   $0 (02-20-2015 - CA)

The Estate of Margaret Klovenski, Jake Klovenski, and Mary Hassler, Individually and as next Friends v. Ashish Kapoor, M.D.,

This healthcare liability case is governed by Texas Civil Practice and Remedies Code chapter 74. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001-.507 (Vernon 2011 & Supp. 2014). Appellants Jake Klovenski and Mary Hassler, individually and on behalf of the Estate of Margaret E. Klovenski, brought wrongful death and survival claims against appellee Dr. Ashish Kapoor, alleging that Dr. Kapoor failed

More...   $0 (02-19-2015 - TX)

Debra Laverie, Ph.D. v. James Wetherbe, Ph.D.

James Wetherbe, Ph.D., sued Debra Laverie, Ph.D., alleging she slandered him through two statements she made to Texas Tech University’s provost. After discovery, Laverie filed a traditional motion for summary judgment claiming immunity from suit under section 101.106(f) of the Civil Practice and Remedies Code. The trial court denied her motion. She appeals, contending the undisputed facts showed

More...   $0 (02-20-2015 - TX)

Julio Perez, Jr. v. Texas Department of Criminal Justice, et al.

The lawsuit of Julio Perez, Jr., claims that certain personnel of the Texas Department of Criminal Justice (TDCJ) saw another inmate squirt a concoction of feces and urine on Perez and his property and did nothing to stop the behavior or punish the wrongdoer. The trial court dismissed Perez’ lawsuit as untimely filed. We affirm the trial court’s dismissal.
Perez stated in his petition that

More...   $0 (02-20-2015 - TX)

Karl Wawarosky v. Fast Group Houston Inc.

Karl Wawarosky appeals the trial court’s rendition of a summary judgment in favor of Appellee FAST Group Houston Inc. Wawarosky sued FAST for unlawful termination, alleging that FAST knowingly discriminated against him on the basis of age and race, in violation of the Texas Commission on Human Rights
2
Act (“TCHRA”). FAST moved for summary judgment on no-evidence and traditional grou

More...   $0 (02-20-2015 - )

United States of America v. Misty Angel

CHATTANOOGA, TN - Misty Angel, 36, of Dayton, Tenn., was sentenced to serve 138 months in prison by the Honorable Curtis L. Collier, U.S. District Judge. Angel pleaded guilty in April 2014 to a federal indictment charging her with manufacturing methamphetamine.

According to the information on file with the U.S. District Court, in October 2013, after receiving complaints of methamphetamine

More...   $0 (02-13-2015 - TN)

Leon Peoples v. Puget Sound's Best Chicken!, Inc. d/b/a Popeye's Chicken & Biscuits

Leon Peoples sued Puget Sound' s Best Chicken! Inc., doing business
as Popeye' s Chicken & Biscuits, along with Bennie Martin and Martin' s marital community
collectively, Popeye' s), 1 for events occurring during his employment at a Popeye' s restaurant on
Joint Base Lewis - McChord ( JBLM). The trial court granted summary judgment in favor of
Popeye' s based on the federal enclav

More...   $0 (02-03-2015 - WA)

Dean Ingram v. Michael C. Drouin

The plaintiffs, Dean and Suzanne Ingram, appeal an order of the Superior Court (O’Neill, J.) granting summary judgment to the defendants, Michael C. Drouin and Drouin Builders, Inc. (Drouin Builders), on the plaintiffs’ claims for damages. We affirm.
The record establishes the following facts. The plaintiffs own a house in Laconia. The lot on which the house sits was purchased by Drouin Bu

More...   $0 (02-12-2015 - NH)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use

More...   $0 (02-10-2015 - WA)

Kay L. Pruczinski et vir v. Allen Ashby et ux

At issue is whether Washington State has personal jurisdiction and subject matter jurisdiction over an Idaho police officer who allegedly assaulted an Idaho resident just within this state's border. The trial court ruled that Washington State lacked personal jurisdiction over Allen Ashby. Given the facts alleged, we hold that Washington has both personal jurisdiction and subject matter jurisdictio

More...   $0 (02-17-2015 - )

Judy Johnson v. Joe James

Defendant appeals a judgment in an action for
battery and negligence arising from an incident in which
defendant engaged in unprotected sexual intercourse with
plaintiff without disclosing that he carries the herpes simplex
virus-2 (HSV-2), commonly known as genital herpes.
Plaintiff consequently became infected with genital herpes
and brought this action. Defendant argues,

More...   $0 (02-11-2015 - OR)

Center for Biological Diversity v. Department of Fish and Wildlife

Facing for the first time a requirement to review for environmental impacts its
statutorily mandated fish hatchery and stocking enterprise that has been in operation for
more than 100 years, California’s Department of Fish and Wildlife (the Department)
chose to use a program environmental impact report (EIR) to analyze the enterprise’s
impacts on a statewide basis. Instead of a

More...   $0 (02-10-2015 - CA)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San

More...   $0 (02-09-2015 - CA)

Simona Wilson v. Southern California Edison Company

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed

More...   $0 (02-09-2015 - CA)

Doris Rich Corya v. Roy Sanders

In this case, ongoing disputes as to four family trusts make a second appearance before us. In the first appeal, we reversed the trial court’s summary judgment granting trust accountings for all four trusts. Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). We concluded the trial court erred in granting summary judgment in part because appellee Sanders did not sufficiently negate the defenses

More...   $0 (02-11-2015 - FL)

University of Miami d/b/a University of Miami School of Medicine v. Michael A. Ruiz

The University of Miami, doing business as The University of Miami
School of Medicine (“UM”), petitions this Court for certiorari relief from the trial
court’s order denying its motion for summary judgment on the plaintiff–
petitioners’ claims for medical malpractice based on UM’s contention that it is
entitled to immunity from suit under Florida’s Birth-Related Neuro

More...   $0 (02-11-2015 - FL)

Stacy Sanislo v. Give Kids The World, Inc.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in Give Kids the World, Inc. v. Sanislo, 98 So. 3d 759 (Fla. 5th DCA 2012), in which the Fifth District held that an exculpatory clause was effective to bar a negligence action despite the absence of express language referring to release of the defendant for its own negligence or negligent acts. The dist

More...   $0 (02-12-2015 - FL)

Russell D. Miller and Juliet Investments, Inc. v. Darlene Argumaniz, Individually and on behalf of Argmil, Inc.

Russell D. Miller and Juliet Investments, Inc. (collectively Miller) appeal a judgment
entered against them following a jury trial in a fraud and breach of fiduciary duty case. We
affirm in part and reverse and render in part.
BACKGROUND AND PROCEDURAL HISTORY
This tort case concerns an oral agreement between shareholders to transfer a parcel of
real estate to a corporation. Da

More...   $0 (02-12-2015 - )

Edith Cherry, Carris Booker, and Caboe Returns & Investments, Inc. v. Travoy R. Hollie

This is an appeal from a judgment of the trial court in favor of Travoy R.
Hollie in which it awarded Hollie actual and exemplary damages arising from the
unauthorized use of Hollie’s money and the misappropriation of stocks by Edith
Cherry and Carris Booker. We reverse and remand.2
Hollie is Booker’s son. Booker was not involved in Hollie’s life when he
was a child, but

More...   $0 (02-12-2015 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher