Toxic Tort Law
 
Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w

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Seneca Waste Solutions, Inc. v. D & K Managing Consultants, LLC d/b/a/ Motor City Plant Services, Keith Kosekela and MPS Group, Inc.

A company faced with competition from a former subcontractor, former employees, and the former employees’ new employer sued for breach of contract, intentional interference with prospective business advantage, and intentional interference with contract. The district court considered and rejected the claims following trial. On appeal, the company challenges the court’s treatment of certain defa

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Vanessa Serrano v. American Honda Motor Co., et al.

1. This Court has jurisdiction pursuant to 12 Okla. Stat. §2004 (F).
2. Plaintiff and her minor daughter are Oklahoma citizens. Defendant Moddrell’s Chickasha Honda Suzuki, is an Oklahoma entity, and Gary and Bonnie Moddrell are Oklahoma citizens. Defendants, Douglas Spores, Jackie Spores and Samantha Heinen are Oklahoma citizens. There is therefore no diversity of citizenship pursuant to 2

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Austin Monfore v. Kenneth Edward Phillips, D.O.

Sherman Shatwell went to the hospital complaining of neck pain. Tests
showed he probably had throat cancer. It was treatable but required immediate
attention. Thanks to a variety of bureaucratic blunders the news never made it to
him. Instead, Mr. Shatwell was sent home with a prescription for antibiotics. By
the time he learned the truth a year later, it was too late.
Eventual

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United States of America v. Michael Loren Dunn

Defendant-Appellant Michael Loren Dunn was convicted of possession of
child pornography, 18 U.S.C. § 2252A(a)(5)(B) (Count I), receipt of child
pornography, 18 U.S.C. § 2252A(a)(2) & (b) (Count II), and distribution of child
pornography, 18 U.S.C. § 2252A(a)(2) & (b) (Count III). 1 R. 583–85. The
district court sentenced Mr. Dunn to 144 months’ imprisonment and a 25-year

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R. Kent Lueders and Lauren J. Lueders v. Precision Imports, Inc., Conine Robert, Automotive Acquisitions, Inc., John Conine and Greg Charisman

R. Kent Lueders and Lauren J. Lueders sued Precision Imports, Inc., Conine Robert, Automototive Acquisitions, Inc., John Conine and Greg Charisman on a tort theory.

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Janet Woods v. St. John Health Systems, Inc. d/b/a St. John Heart Institute d/b/a St. John Heart Institute, Cardiovascular Consultants, Heart Center of Tulsa and JOse R. Medina, M.D.

COMES NOW the Plaintiffs, JANET WOODS, Individually and as Next of Kin and Representative of the Estate of GEORGE WOODS, DECEASED, and sues the Defendants, ST. JOHN HEALTH SYSTEM, INC. dJb/a ST. JOHN HEART INSTITUTE cl/b/a ST. JOHN HEART INSTITUTE - CARDIOVASCULAR CONSULTANTS (hereinafter referred to as “HOSPITAL”), HEART CENTER OF TULSA, INC. and JOSE R. MEDINA, M.D. (hereinafter referred to

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San Juanita and Max Griego v. Baptist St. Anthony's Health System, a/k/a Baptist St. Anthony's Hospital Corporation

Pursuant to section 74.351 of the Texas Civil Practices and Remedies Code, the trial court dismissed the claims of Appellants, San Juanita (Janie) Griego and Max Griego, against Appellee, Baptist Saint Anthony’s Health System, a/k/a Baptist Saint
2
Anthony’s Hospital Corporation, due to their failure to timely file an expert report.1 By three issues, Appellants assert (1) their neglige

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David T. Pearl v. City of Tulsa, Oklahoma Department of Transportation and Tulsa County

COMES NOW the Plaintiff, David Peal, by and through his attorneys of record, Garrett Law Office, P.C., and for his cause of action against the Defendants, the City of Tulsa, Tulsa County, and the Oklahoma Department of Transportation, alleges and states as follows:
1. That the Plaintiff is a resident of Tulsa, Tulsa County, State of Oklahoma. That
Defendant, the City of Tulsa, is a politic

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Gregory Scott Cunningham v. Bobby Anglin

In an opinion and judgment dated August 12, 2011, we remanded this case to the trial court for a new trial on damages. Cunningham v. Anglin, No. 05-10-01023-CV, 2011 WL 3557951, at *5 (Tex. App.—Dallas Aug. 12, 2011, no pet.) (mem. op.) (“Cunningham I”). On remand, the parties tried the case before the court. The trial court rendered judgment for appellee Bobby Anglin, the agent of the landl

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Jana Clark v. PFPP Limited Partnership d/b/a Planet Dodge

Janet Clark purchased a pickup truck from Manuel Santoy that she later discovered had been stolen from PFPP Limited Partnership d/b/a Planet Dodge (Planet Dodge). Clark lost both the pickup truck and the $22,000 she paid to Santoy. Clark sued Planet Dodge, along with a number of other defendants. As relevant to this appeal, Clark sought to recover from Planet Dodge the $22,000 she paid to Santoy,

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Steven Herman v. Glenpool Public Schools

Plaintiff, S. H., through Steven Herman and Cheryl Herman, as parents and guardians of
S. H., a minor, and Steven Herman and Cheryl Herman, in their individual capacity, (collectively “Plaintiffs”) hereby assert the following claims against the Defendants. In support of their claims, Plaintiffs allege as follows:
JURISDICTION, PARTIES & VENUE
1. Plaintiffs are residents of Tulsa Co

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Kelly Beichler v. City of Tulsa

COMES NOW, the Plaintiff, Kelly Beichier, by and through her undersigned attorneys of record, and for her cause of action against the Defendant, alleges and states as follows, to wit:
1. That at all times hereinafier mentioned, the Plaintiff, was and is a resident of Tulsa County, State of Oklahoma.
2. That the Defendant is a political subdivision governed by Title 51 0.5. § 151 et seq

More...   $8000 (01-07-2015 - OK)

Los Angeles Memorial Coliseum Commission v. Insomniac, Inc.

Plaintiffs and appellants Los Angeles Memorial Coliseum Commission (Commission) and Los Angeles Memorial Coliseum Association (Association)1 appeal from a judgment and order of dismissal entered following the sustaining without leave to amend of demurrers by defendants and respondents Insomniac, Inc. (Insomniac); Pasquale Rotella (Rotella); Go Ventures, Inc. (Ventures); and Reza Gerami (Gerami).2

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Karan Eriksson v. Kristi Nunnink

In 2006, Mia Eriksson was a 17-year-old equestrian eventing competitor and the daughter of plaintiffs and appellants, Karan and Stan Eriksson.1 Defendant and respondent, Kristi Nunnink, was Mia‟s riding coach. In November 2006, Mia‟s horse struck a hurdle during the cross-country portion of an event at Galway Downs in Temecula. With the Erikssons looking on, Mia fell off her horse and the hors

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Kevin Faucheaux v. Provo City

¶1 Afraid that his wife, Helen Faucheaux, had overdosed on prescription pills, Kevin Faucheaux called 911. When police
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
Faucheaux v. Provo City
20130690-CA 2 2015 UT App 3
officers arrived they concluded that Helen had not overdosed.2 Despite

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Financial Strategy Group, PLC v. R.K. Lowry, Jr., et al.

This is an accelerated appeal from an order denying a special appearance. We reverse.
BACKGROUND
Plaintiffs sued numerous defendants complaining of tax investment strategies marketed to plaintiffs for use on their federal tax returns for the tax years 2000 through 2005 (“Investment Strategies”). Defendant Financial Strategy Group (“Financial Strategy”) filed a special appearance, w

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B.R. v. Hugo Rodier, M.D.

¶1 David Ragsdale shot and killed his wife Kristy in January, 2008. He did so while under the influence of medications pre-scribed to him by Nurse Practitioner Trina West. The Ragsdales’ children, left effectively parentless after David went to prison on a guilty plea to the charge of aggravated murder, filed suit in tort through their conservator, William Jeffs.
JEFFS v. RODIER
Opinion

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State of Utah v. Michael Keith Steinly

¶1 This is an interlocutory appeal in a pending criminal case against Michael Steinly. In this case and in several others related to it, we consider the applicability of legislative amendments to the Indigent Defense Act (IDA), Utah Code sections 77-32-101 through -704. The amended provisions override this court’s con-struction of the prior version of the statute in State v. Parduhn, 2011 UT 55

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State of Utah v. Bruno Rodriguez-Ramirez

¶1 This is an interlocutory appeal in a pending criminal case against Bruno Rodriguez-Ramirez. In this case and in several others related to it, we consider the applicability of legislative amendments to the Indigent Defense Act (IDA), Utah Code sections 77-32-101 through -704. The amended provisions override this court‘s construction of the prior version of the statute in State v. Parduhn, 201

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Susan Sadler v. Pacificare of Nevada, Inc.

Following an outbreak of hepatitis C that was linked to unsafe
injection practices used in procedures performed at certain health-care
facilities in southern Nevada, patients of those facilities who had
SUPREME COURT
OF
NEVADA

undergone such procedures were advised to submit to testing for bloodborne
diseases, including hepatitis B, hepatitis C, and HIV. This appea

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State of Washington v. LG Electronics, inc., et al.

In resolving this appeal, which requires us to consider the
due process limitations on the exercise of personal jurisdiction over certain
foreign corporations, we hold that because a product manufactured by these
foreign corporations was sold—as an integrated component part of retail
consumer goods—into Washington in high volume over a period of years, the
corporations "pur

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Walter c. Minnick v. Hawley Troxell Ennis and Hawley, L.L.P.

Walter Minnick and A.K. Lienhart Minnick, husband and wife (collectively Minnicks), brought a professional malpractice action against the law firm Hawley Troxell Ennis and Hawley, LLP (Hawley Troxell), alleging negligence in rendering services in connection with a real estate development project. On motion of Hawley Troxell for summary judgment, the district court dismissed the action as time-barr

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Mohamad Harb v. City of Bakerfield

Mohamad Harb, M.D. was driving home from his shift at Kern Medical Center’s neonatal intensive care unit when he suffered a stroke and drove his car onto a sidewalk. The police officer who arrived at the scene did not call an ambulance immediately because she deduced from Dr. Harb’s vomiting, slurred speech and disorientation that he was intoxicated and, after a struggle, placed him in handcuf

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Jose Vargas v. FMI, Inc.

Jose Vargas (Vargas or plaintiff) and Luis Felipe Villalobos (Villalobos) were a two-man team driving a tractor-trailer across the country. Villalobos was driving and Vargas was in the sleeper berth when the tractor-trailer rolled over, injuring Vargas. Vargas sued FMI, Inc. (FMI) (the motor carrier and trailer owner), Eves Express, Inc. (Eves) (the tractor owner), Eswin Suchite (Suchite) (Eves’

More...   $0 (01-23-2015 - CA)

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