Toxic Tort Law
 
Uvalde County Hospital Authority v. Estela R. Garcia, Individually, on behalf of all Wrongful Death Beneficiaries, and on behalf of The Estate of Juan Garcia, Deceased

This is an interlocutory appeal from the trial court’s order denying a plea to the jurisdiction filed by appellant Uvalde County Hospital Authority. On appeal, Uvalde raises three issues, contending the trial court erred in determining: (1) the asserted claims fall within the limited waiver of immunity provision of the Texas Tort Claims Act (“the Act”); (2) the failure to provide oxygen is a

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Johnnie Boler v. Security Health Care, LLC d/b/a Grace Living Center

¶1 The issue is whether the trial court erred in denying the nursing home's motion to compel arbitration. The trial judge held that the wrongful death claim belonging to Cleo Boler's statutory beneficiaries pursuant to 12 O.S. 2011 1053 is not subject to an agreement to arbitrate contained in he

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Jordan Maxwell v. Josef Dolezal

Jordan Maxwell sued Josef Dolezal after their business relationship deteriorated.
The trial court dismissed Maxwell’s action after sustaining Dolezal’s demurrer to all of
Maxwell’s claims without leave to amend. On appeal, we conclude that Maxwell
properly stated a claim for breach of contract and that the demurrer to that cause of action
was erroneously sustained. We reverse

More...   $0 (11-04-2014 - CA)

Dennis Nasrawi v. Buck Consultants, LLC

Plaintiffs Dennis Nasrawi, Michael O’Neal, and Rhonda Biesemeier are retired public employees of Stanislaus County (County) and beneficiaries of a public pension trust administered by the Stanislaus County Employees Retirement Association (the Association). Defendants Buck Consultants LLC (Buck) and Harold Loeb provided actuarial services to the Association, also a defendant. According to plaint

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Tanya Honeycutt v. Meridian Sports Club, L.L.C.

Plaintiff and appellant Tonya Honeycutt suffered a knee injury during a kickboxing class, while being assisted by an instructor at defendant and respondent
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Meridian Sports Club, LLC dba Meridian’s Bodies in Motion (Meridian). The trial court granted Meridian’s motion for summary judgment, ruling that Honeycutt had signed a valid waiver of liability, Meridian did not act with gross ne

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John Giorgio v. Synergy Management Group, LLC

In this intentional tort action, the trial court denied defendant John Giorgio’s motion, made pursuant to Code of Civil Procedure 473, subdivision (d),1 to set aside the entry of default and any subsequent default judgment, in favor of plaintiff Synergy Management Group, LLC (Synergy). Giorgio contends on appeal that the court erred in denying the motion because he was never properly served with

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John Niemi v. Erwin Lasshofer

John Niemi, Robert Naegele, III, and Jesper Parnevik (“Plaintiffs” or “Appellees”)
claim that Erwin Lasshofer and three companies affiliated with him (the “Lasshofer
Defendants” or “Appellants”), along with other co-conspirators, perpetrated a fraudulent
financing scheme that caused the collapse of Plaintiffs’ large-scale real estate
development project in Brecken

More...   $0 (11-04-2014 - CO)

Gorsuch, Ltd. v. Wells Fargo National Bank Association

In 2008, Wells Fargo extended a $14 million line of credit to Gorsuch, Ltd., a ski
equipment, apparel, and home furnishing company. In 2009, when Gorsuch, Ltd.’s
winter sales were lower than expected, Wells Fargo suspended the line of credit.
Gorsuch, Ltd. and the Gorsuch Entities—Gorsuch, Ltd., B.C.; Gorsuch, Limited at
Aspen; Gorsuch, Limited at Keystone Mountain; and Gorsuch

More...   $0 (11-04-2014 - CO)

Gwendolyn Baker v. Airguid Manufacturing, LLC

The plaintiff below, Gwendolyn Baker, appeals a final summary judgment
entered in favor of the defendant, Airguide Manufacturing, LLC (“Airguide”),
based on the trial court’s ruling that Airguide was entitled to workers’
compensation immunity. Because we find the trial court correctly found that
Airguide was entitled to immunity under section 440.11(2) of the Florida Statut

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Haley Colombo v. BRP US, Inc.

Defendants and appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appeal a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel (hereafter referred to individually by first name or
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collectively as plaintiffs). Because plaintiffs were not wearing a wetsuit bottom or similar protective clothing, Haley sustained serious and p

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Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa

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Wayne McDonald v. Leslie Branch Wise

Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breach

More...   $0 (10-28-2014 - CO)

Joanne Holman Stine v. Monica Dell'Osso

Joanne Holman Stine (Stine), the conservator of Donna L. Davis (Donna), brought this malpractice action against Monica Dell’Osso and Burnham Brown, APC (Attorneys), for alleged dereliction in representing the prior conservator, David B. Davis III (David). David is Donna’s son, and was removed as conservator after allegedly misappropriating over one million dollars in assets from the conservato

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Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group v. Lisa Ramirez

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group appeal the trial court’s judgment awarding Lisa Ramirez damages and attorney’s fees based on the jury’s verdict that Velazquez committed fraud.
BACKGROUND
In May 2008, the City of San Antonio issued a request for proposals “for the provision of prompt, reliable and efficient towing services for

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Stephanie Young v. Lincoln County Board of Commissioners

Chandler, Lincoln County, Oklahoma - Stephanie Young sued Lincoln County Board of Commissioners on a negligence governmental tort claim theory. The claims made and defenses asserted are not available.

Set forth below are the docket entries made by the Court:

04/24/2012 FILE PETITION
04/24/2012 SUMMONS ISSUED (1) $5.00
05/21/2012 ENTRY OF APPEARANCE: FILED
05/

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David A. Aschliman v. Rodney Hettinger

David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court.
I.
The record reflects the following facts. Aschliman was an officer and manager of Farmers Implement, Inc., a Wisconsin business involved in the sale, rent, and service of farm equipment. Hettinger was a farmer in Cl

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Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st

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Saquita Lewis v. Tulsa Public Schools

1. On or about May 9, 2012, Plaintiff, J.L., was involved in a collision with a bus owned by Defendant Tulsa Public Schools. The collision occurred in the City of Tulsa, Tulsa County, Oklahoma.
2. The collision described above was a direct result of the negligence of Defendant’s hired bus driver in that he failed to exercise reasonable care in operating the vehicle he was driving
3. At t

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Mary Murray v. Chrysler Group, LLC, et al.

COMES NOW the Plaintiff, Mary Murray (hereafter “Murray”);: as peThnal Representative of the Estate of Daytona Patrick Wilson, Deceased, by and through her .attom of record, Joseph F. Bufogle, Sr. of the firm Bufogle and Associates, P.C. and for her amended causes of action against the Defendants, Zachary Lee Wofford (“Wofford”), Chrysler Group LLC, and Chrysler Company, who now realleges

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Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys

More...   $0 (10-09-2014 - CA)

Beverly Muzzy v. Tulsa County Public Facilities Authority v. Jimmy Reed, Jr.

Tulsa, OK - Beverly Muzzy v. Tulsa County Public Facilities Authority and Spectacular Attractions, Inc. v. Jimmy Reed a/k/a James King Reed, Jr., Darla Reed d/b/a Reed Exposition Midways, LLC and First Mercury Insurance Company on negligence theories seeking compensation alleging:

COMES NOW, the Petitioner, Beverly Muzzy, by and through her attorney, Stephen P. Gray, pursuant to Title 51

More...   $0 (09-12-2014 - OK)

Debbie Blackwell v. Town of Ringling

Waurika, Jefferson County, Oklahoma - Debbie Blackwell sued the Town of Ringling and others on a governmental tort claim negligence theory.

05/25/2012 FILE AND ENTER PETITION-CJ-$10,001.00 OR MORE $163.00
(Entry with fee only) $6.00
(Entry with fee only) $2.00
Oklahoma Court Information System Fee - Effective 07/01/04 $25.00
LENGTHY TRIAL FUND $10.00
OK COUR

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Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man

More...   $0 (10-07-2014 - ID)

Cynthia A. Hines v. Paramedics Plus, L.L.C.

Tulsa, OK - Cynthia A. Hines sued Paramedics Plus, L.L.C. on a negligence theory claiming:

1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; and that Defendant, PARAMEDICS PLUS, LL,C., is a sub-contractor of EMSA which is contracted to perform in- field ambulance services to municipalities, specifically, the City of Tulsa, as required by the Tulsa Municipal Code, spe

More...   $1 (09-29-2014 - OK)

United States of America v. Nathan R. Garber

Bismarck, ND - Operator of Saltwater Disposal Well Pleads Guilty to Multiple Felony Charges in Connection with Operation of the Well

Nathan R. Garber, 45, of Kalispell, Montana, pleaded guilty in federal court in Bismarck to eleven felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced.

More...   $0 (09-26-2014 - ND)

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