Toxic Tort Law
 
Mountain Home Flight Service v. Baxter County

Mountain Home Flight Service, Inc. (MHFS) brought suit against Baxter
County, Arkansas (the County), the Baxter County Airport Commission
(the Commission), and various related entities and individuals for interfering with its
business operations at the Baxter County Airport. More specifically, MHFS claims
the County and the Commission acted in concert with others to interfere with<

More...   $0 (07-15-2014 - AR)

Jamee Lee Wade v. Bryan F. Taylor

This appeal arises from a Petition for Access to Public Records filed by Jamee Wade seeking the disclosure of investigatory records in the possession of the Canyon County Prosecuting Attorney’s Office (CCPA). The district court ordered CCPA to produce the records pursuant to the request, but limited disclosure to Wade and his counsel. CCPA timely appealed. We vacate the judgment of the district

More...   $0 (03-18-2014 - ID)

Lynda Jackson v. Oklahoma City Public Schools (Independent School District No. 89)

¶1 Plaintiffs/Appellants Lynda Jackson and Aaron Williams (Parents), individually and as parents and next friends of Hakeem Williams (Student), appeal from summary judgment entered in favor of Defendant/Appellee Independent School District No. 89, Oklahoma City Public Schools (District). Parents alleged a teacher assaulted Student and made claims for respondeat superior liability as well as negli

More...   $0 (06-11-2014 - OK)

Murray County v. Homesales, Inc.

¶1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

FACTS

More...   $0 (06-24-2014 - OK)

Lynette Wilson v. City of Chicago

This case arises out of the fatal shooting of Raul Barriera by a Chicago police officer. Barri-era’s mother, Lynette Wilson, filed suit on behalf of herself and Barriera’s estate against the City of Chicago and the of-ficers who were present at the scene: Andrew Hurman, Da-vid Cummens, and Donald Jerome. Wilson ultimately as-serted the following claims at trial: (1) a claim against the po-lice

More...   $0 (07-14-2014 - IL)

Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp

More...   $0 (06-17-2014 - ID)

Karrin Massey v. Conagra Foods, Inc.

This appeal arises out of a products liability case. In early June of 2007, Karrin Massey consumed at least one, but perhaps several, poultry pot pies that were manufactured by ConAgra Food, Inc. and sold under the Banquet brand name. Soon after, Karrin, who was six months pregnant at the time, developed salmonellosis. After an outbreak of salmonella was linked to Banquet pot pies, it was discover

More...   $0 (06-17-2014 - ID)

John Gustav Block v. City of Lewiston

John Block appeals the district court’s grant of summary judgment dismissing his negligence and gross negligence claims against the City of Lewiston. We affirm the district court.
2
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Block purchased property in Lewiston, Idaho, from Jack Streibick for real estate development. Block then submitted an application to resubdivide the property

More...   $0 (06-17-2014 - ID)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain

More...   $0 (07-11-2014 - IA)

Jason Michael Carlsen v. Sarah Koivumaki and Zachary Gudelunas

This is a defendant’s summary judgment case. A summary judgment may be granted a defendant if it is shown that the plaintiff cannot establish one or more elements of his or her cause of action or that there is a complete defense to the claim. (Code Civ.
2
Proc., § 437c, subd. (p)(2).)1 A defendant’s “burden of production is to show that ‘ “one or more elements of” the [plainti

More...   $0 (07-07-2014 - CA)

Searcy Ferguson and The Estate of Margaret Miller v. The Plaza Health Services at Edgemere

In 2006, Margaret Miller became a resident of Plaza Health Services at Edgemere (“Edgemere”). Miller’s son, Searcy Ferguson, executed the Assisted Living Admission Agreement as the “responsible party.” The appellants agreed to pay certain amounts to appellee for Miller’s care and treatment. In 2010, Miller entered the skilled nursing resident program at Edgemere. Once again, Ferguson e

More...   $0 (07-10-2014 - TX)

Marian E. Britton, Individually and as next friend for the Unborn and Unascertained Descendants of Marian E. Britton, and George L. Murray, Trustee of the Marian E. Britton Trust v. J.P. Morgan Chase, N.A.

This appeal arises from the denial of a bill of review regarding an estate closed in 2002. Because the plaintiffs delayed in seeking the bill of review until
2
after the four-year statute of limitations had run and they have not demonstrated extrinsic fraud, which would toll the statute of limitations, we affirm.
Background
Marian M. Britton died testate in 1998, leaving behind an

More...   $0 (07-10-2014 - TX)

Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini

More...   $0 (07-10-2014 - MA)

Jeff McCollin v. J.D.F. Properties, LLC

¶1 Jeff McCollin filed suit against J.D.F. Properties, LLC; Denise M. Fabrizio; and Jeff Fabrizio (collectively, J.D.F.), claiming in part that they damaged his land by altering the flow of the river that separates the parties’ properties.1 On appeal, McCollin contends that the district court erred in granting summary judgment in favor of J.D.F. We affirm.
1. Other plaintiffs were initially

More...   $0 (04-10-2014 - UT)

John Reynolds v. Bret MacFarlane

¶1 John Reynolds appeals from the trial court’s dismissal of his
intentional tort claims against Bret MacFarlane. We affirm in part,
reverse in part, and remand to the trial court.
¶2 On August 5, 2009, MacFarlane walked into the break room
at his workplace where his coworker, Reynolds, was standing in
Reynolds v. MacFarlane
2. “On appeal from a bench trial, we view t

More...   $0 (03-13-2014 - UT)

Jose Castellanos v. Tommy John, LLC

¶1 Plaintiff Josue Castellanos appeals from the district court’s
grant of summary judgment in favor of defendant Tommy John,
LLC (Tommy John) on Castellanos’s claims for negligent hiring and
for vicarious liability based on intentional torts committed by a
security company’s employees. We affirm.
Castellanos v. Tommy John, LLC
BACKGROUND1
¶2 On August 14, 2009,

More...   $0 (02-27-2014 - UT)

Barbara Wachocki and Rest Easy Adult Day Care Center, Inc. v. Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult Day Center, LLC; and Kindred Keepers at Home Services, LLC

¶1 Laurel M. Luna; Veronica Grajeda; Kindred Keepers Adult
Day Center, LLC; and Kindred Keepers At Home Services, LLC
appeal the default judgment entered below in favor of Barbara
Wachocki and Rest Easy Adult Day Care, Inc. (Rest Easy). We
affirm in part, vacate in part, and remand this matter to the district
court for further proceedings consistent with this memorandum
de

More...   $0 (06-19-2014 - UT)

Conilyn Judge v. Saltz Plastic Surgery, P.C. and Renato Saltz

¶1 Conilyn Judge sued her cosmetic surgeon, Dr. Renato Saltz,
and his office, Saltz Plastic Surgery, PC, (collectively, Saltz) after
they provided photographs of five patients, including Judge, to a
television news reporter. The reporter included two photographs
depicting Judge before and after her surgery in a news story
broadcast on television and posted on the internet. The

More...   $0 (06-26-2014 - UT)

State of Utah v. Michael Waddell Johnson

¶1 Michael Waddell Johnson appeals from a conviction of
murder, a first-degree felony, following a jury trial in March 2010.
We reverse and remand.
State v. Johnson
2. “We relate the facts in the light most favorable to the jury’s
verdict.” See State v. Litherland, 2000 UT 76, ¶ 2, 12 P.3d 92.
20100393-CA 2 2014 UT App 161
BACKGROUND
¶2 The deceased (Decede

More...   $0 (07-03-2014 - UT)

Lori Ramsay and Dan Smalling v. Kane County Human Resource Special Service District

¶ 1 Plaintiffs Lori Ramsay and Dan Smalling sued various parties based on the alleged failure of their employer, Kane County Hospital, to fund their retirement benefits at the level required by the Utah State Retirement and Insurance Benefit Act. The district court dismissed Plaintiffs’ claims for lack of jurisdiction because Plaintiffs conceded they had not exhausted their administrative remed

More...   $0 (02-25-2014 - UT)

Christopher Carlton v. Shalanda Brown and The Adoption Center of Choice, Inc.

¶1 In this case, Christopher Carlton asks us to once again
consider both the constitutionality of the Utah Adoption Act (Act)
as well as the extent of the rights it affords to putative fathers who
wish to contest adoptions in Utah. Mr. Carlton argues first that
the Act is unconstitutional, both facially and as applied to him,
and second, that the district court erred when, bas

More...   $0 (02-05-2014 - UT)

Paula Collins v. City of Houston, Texas

Paula Collins appeals the trial court’s order granting a plea to the jurisdiction and dismissing her personal injury suit against the City of Houston. In six issues on appeal, Collins contends that the trial court erred in dismissing her case because the City cannot invoke a viable basis for immunity. We reverse and remand.

BACKGROUND

Officers James Brown and Christopher McCain of

More...   $0 (07-03-2014 - TX)

Miccosukee Tribe of Indians of South Florida, etc. v. Carlos Bermudez, et al.

The Miccosukee Tribe of Indians of South Florida appeals from a final judgment of $4.1 million. We reverse.

FACTS AND PROCEDURAL HISTORY

This matter began when Carlos Bermudez sued two members of the Tribe, Tammy Gwen Billie and Jimmie Bert, for damages resulting from a tragic automobile accident in which a car driven by Billie and owned by Bert crashed into Bermudez’s car, killing

More...   $0 (07-02-2014 - FL)

Beacon Residential Community Association v. Skidmore, Ownings & Merrill, L.L.P.

A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be b

More...   $0 (07-03-2014 - CA)

Darla Pharr v. Camryn McJunkin

Darla Pharr v. Camryn McJunkin and Dustin Giffin

Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: PHARR, DARLA
Filed Date: 06/06/2012
Party Name: Disposition Information:

Defendant: GIFFIN, KAREN
Pending.

Defendant: GIFFIN, DUSTIN JOE
Disposed: DISMISSED - WITH PREJUDICE, 06/04/2014. Dismissed- Settled.

Defendant: MCJUNKIN, C

More...   $0 (06-04-2014 - OK)

Next Page

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