Toxic Tort Law
 
Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez v. Joseph Morris McKellar, M.D., d/b/a O.B. Associates; Carter J. Moore, M.D.; Carter J. Moore, M.D., P.A.; Rebecca Thomas, CRNA; Clinical Partners, P.A.- Mt. Pleasant, and Titus Regional Medical Center

In this medical negligence case, Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez,1 appeal the trial court’s order granting Titus Regional Medical Center’s plea to the jurisdiction. We affirm the judgment of the trial court.

I. Factual and Procedural Background

Cervantes was admitted to Titus Re

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Cenoplex, Inc. v. Scott Fox

Cenoplex, Inc. appeals from the trial court’s grant of Scott Fox’s special appearance and the dismissal of Cenoplex’s suit against Fox. Cenoplex contends that the trial court erred by concluding that Texas had no specific jurisdiction over Fox and that exercising jurisdiction over him would violate traditional notions of fair play and substantial justice. Cenoplex also contends that the tria

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Sara Montague v. AMN Healthcare, Inc.

In this case, a staffing company hired an employee to work as a medical assistant and then assigned that employee to work at a customer's facility. While at the customer's facility, the employee poisoned a coworker. The coworker sued the staffing company

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alleging theories of vicarious liability and negligence. We conclude the trial court properly granted summary judgment in favor o

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Arnold J. Schmidt v. Bank of America

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla

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Thomas Smith Davis v. Kimberly Joyce Beat

Comes now Plaintiff, Thomas Smith Davis (hereinafter Tom Davis), by md through his attorney of record, Heather M. Cline, and for his cause of action against the Defendants, Kimberly Joyce Beal and Robert Dewayne Hartman (hereinafter Defendant Beal and Defendant Hartman), jointly and severally, alleges and states as follows:

I. The acts complained of herein occurred in Oklahoma and Clevelanc

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Cynthia Burch v. The Superior Court of Los Angeles County (Premier Homes, LLC - Real Parties in Interest)

Cynthia Burch challenges an order granting summary adjudication in favor of Premier Homes, LLC (Premier Homes), Custom Home Builders, Inc. (Custom Home Builders), Scott Warren, and Daniel Sahar in a construction defect action. The defendants argued that the Right to Repair Act (Civ. Code, § 895 et seq.) provides the exclusive remedy for a homeowner seeking damages for construction defects and pre

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Mark T. Fahlen v. Sutter Central Valley Hospitals, et al.

In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce

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Steven R. Graboff v. The Colleran Firm

This matter comes on before this Court on an appeal from an order of the District Court entered March 28, 2013, denying defendants-appellants, the American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons’ (together the “AAOS”), motion for judgment as a matter of law and for judgment notwithstanding the verdict. For the reasons we set forth we will affirm

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Brendan Maher v. County of Alameda

Surgeons implanted a biliary stent in plaintiff Brendan Maher during emergency abdominal surgery in 1996. Maher alleges he was unaware of the stent’s placement until it was discovered and removed in August 2010 after he sought treatment for abdominal pain. In April 2011, Maher sued the health care providers who treated him in 1996 and 1997 for professional negligence in not timely removing the s

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Mann v. Northgate Investors, LLC d.b.a Northgate Apartments

{¶ 1} The issue in this case is whether a landlord owes the statutory duty under R.C. 5321.04(A)(3) to “[k]eep all common areas of the premises in a safe and sanitary condition” to a tenant’s guest properly on the premises. We hold

SUPREME COURT OF OHIO

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today that a landlord does owe to a tenant’s guest the statutory duties under R.C. 5321.04(A)(3) and that a breach

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Charles Poling v. Property Owners Insurance Company

In January of 2009, Appellant-Plaintiff Charles Poling’s home was damaged by a fire. Poling subsequently filed an insurance claim with Appellee-Defendant Property Owners Insurance Company (“Property Owners”). Poling initiated the instant matter after the parties were unable to agree upon the amount of the loss covered by Poling’s insurance policy.1 In doing so, Poling sought the appointmen

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Wabash County Hospital Foundation, Inc. d/b/a Wabash County Hospital and Carole Riley v. Hai Lee

Appellants-Defendants, Wabash County Hospital Foundation, Inc. (Hospital), and Carol Riley (Riley) (collectively, Appellants), appeal the trial court’s grant of Appellee-Plaintiff’s, Hai Lee, M.D. (Dr. Lee), motion to correct error, determining that Dr. Lee’s injuries did not fall within the exclusive jurisdiction of the Indiana Worker’s Compensation Act.

We affirm.

ISSUES

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Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc.

Country Contractors, Inc. (“Country”) entered into a contract to provide excavation services for A Westside Storage of Indianapolis, Inc. (“Westside”). Country subcontracted out a substantial portion of the work and eventually left the worksite without completing the job. Westside filed a breach of contract action against Country and its two shareholders, Stephen Songer and Jahn Songer (

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Brian Yost v. Wabash College, Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, et al.

The plaintiff, a college freshman and fraternity pledge, filed this personal injury action seeking damages from his college, his campus fraternity, its national organization, and a student

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fraternity member for personal injuries sustained in an incident at the fraternity house. We re-verse the trial court's grant of summary judgment for the campus fraternity but affirm the gran

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In Re Estate of Mary E. Hiller

[¶1] Paul A. Ligor, son of the deceased, Mary E. Hiller, appeals from an amended judgment of the Knox County Probate Court (Emery, J.) partially denying his motion for relief from a judgment pursuant to M.R. Prob. P. 60(b) and M.R. Civ. P. 60(b). In its judgment, the Probate Court: (1) found that Ligor had solicited a power of attorney when his mother “was not of sound mind” and then wrongful

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Fernando Montes v. Mastec North America, Inc.

Fernando Montes and his wife appeal a final summary judgment against them in favor of Mastec North America, Inc. The circuit court lawsuit arose from

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personal injuries sustained by Mr. Montes, a condominium security guard, in 2008 when a ladder owned or used by Mastec allegedly fell on him, with resulting medical expenses exceeding $100,000. The final summary judgment was based on

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Everett A. Belanger v. R.J. Reynolds Tobacco Company

In 2007, Everett Belanger (“Belanger”), a longtime smoker with Chronic Obstructive Pulmonary Disease (“COPD”), filed a post-Engle1 lawsuit against R.J. Reynolds Tobacco Co. (“R.J. Reynolds”). Based on the record evidence, the trial court entered final summary judgment in favor of R.J. Reynolds, finding Belanger’s alleged cause of action was barred by the four-year statute of limitati

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Hill Country San Antonio Management Services, Inc. v. Rachel Trejo

On December 14, 2012, Appellee Rachel Trejo filed suit as Next Friend of her adult child, Rene Trejo, asserting that Hill Country Achievement Center breached the standard of care applicable to an adult day-care facility by failing to monitor or assist Rene Trejo as he exited a van after a facility outing. Hill Country originally denied the facility was a health care provider under the Texas Medica

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J.J. v. County of San Diego

Plaintiff and appellant J.J., appearing through her guardian ad litem, Ja.J., appeals from an order denying her petition brought under Government Code1 section 946.6 (petition) for relief from the requirement in section 945.4 that she timely file a written

1 Unless otherwise noted, all statutory references are to the Government Code.

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claim against the County of San Diego (Co

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Mario Renda v. Ana Luisa Nevarez

Mario Renda appeals the judgment he obtained against Ana Luisa Nevarez setting aside certain fraudulent transfers she made after he obtained a money judgment against her in a prior action. Renda contends he is entitled to a personal judgment against Nevarez for the amount of the transfers. We disagree and affirm the judgment.

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BACKGROUND

Renda obtained a judgment for $817,429

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Nancy Robinson v. Norman Regional Hospital

Nancy Robinson, as personal representative of the Estate of Leona J. Fisher, Deceased sued Norman Regional Hospital on a medical negligence (medical malpractice) theory claiming:

1. Nancy Robinson is the personal representative of the estate of Leona J. Fisher, deceased, and is and was at all times a resident of Cleveland County, State of Oklahoma.

2. Norman Regional Hospital Authori

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Rhonda Parrott v. Severs Trucking, LLC and Brandon G. Black

Rhonda Parrott (“Plaintiff”) filed a wrongful death action against Brandon Black and Severs Trucking, LLC (“Severs”), (collectively “Defendants”) for the death of her husband James Parrott (“James”).1 Defendants appeal the trial court’s judgment entered on a jury verdict in favor of Plaintiff. Defendants raise seven points of alleged trial court error. Defendants’ first point

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Angela Cady v. John Schroll, M.D.

K.S.A. 40-3403(h) provides that a health care provider qualified for coverage under the Health Care Stabilization Fund created by the Health Care Provider Insurance Availability Act (HCPIAA), K.S.A. 40-3401 et seq., "shall have no vicarious liability or responsibility for any injury . . . arising out of the rendering of or the failure to render professional services . . . by any other health care

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Linda L. Sleeth v. Sedan City Hospital and Davis Short

In this wrongful death case against a municipal hospital and its employee, we must resolve widely conflicting opinions by the lower courts regarding whether written notice of the claim was given to the hospital as required before suit was filed. See K.S.A. 2012 Supp. 12-105b(d). The district court dismissed the lawsuit for lack of jurisdiction based on its determination that plaintiffs failed to c

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Loftness Specialized Farm v. Terry Twiestmeyer

Loftness Specialized Farm Equipment, Inc. (“Loftness”) brought this declaratory judgment action against Terry Twiestmeyer, Steven Hood, and Twiestmeyer & Associates, Inc. (“T&A”). Twiestmeyer, Hood, and T&A then asserted counterclaims against Loftness for, as relevant here, unjust enrichment and breach of two contracts. The district court granted Loftness’s motion to dismiss the unjust e

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