Toxic Tort Law
 
Rebecca J. Harris v. McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control

Rebecca J. Harris, individually and as parent and next friend of D. Harris, C. Harris and T. Smith sued McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed Control on negligence theories claiming:

1. Plaintiffs, Rebecca J. Harris and her children, are residents of the City of Oklahoma, Oklahoma County, Oklahoma.

2. Defendant McClary Enterprises, Inc. d/b/a Sure Shot Pest & Weed

More...   $17000 (12-20-2013 - OK)

Toni Dykhoff v. Xcel Energy and CCMSI

Relator Toni Dykhoff fell and dislocated her left patella while attending a required training session at the general office of her employer, Xcel Energy. Dykhoff filed a claim for workers’ compensation benefits. The compensation judge held a hearing, found that Dykhoff’s injury did not arise out of and in the course of her employment, and denied Dykhoff’s claim. Dykhoff appealed to the Worke

More...   $0 (12-26-2013 - MN)

Jane Kay Dukowitz v. Hannon Security Services

Respondent Hannon Security Services (“Hannon”) terminated appellant Jane Kay Dukowitz from her position as a security officer. In this appeal, Dukowitz presents two legal questions for our consideration. The first question is whether the public-policy exception to the employment-at-will rule applies to a termination resulting from an employee’s application for unemployment benefits. The seco

More...   $0 (01-02-2014 - MN)

Ally Financial, Inc. v. Sandra Gutierrez and Homeward Residential

Appellant Ally Financial, Inc., appeals from the trial court’s order granting summary judgment in favor of appellees Sandra Gutierrez and Homeward Residential. We affirm the trial court’s judgment. See Tex. R. App. P. 43.2(a).

1See Tex. R. App. P. 47.4.

2

I. BACKGROUND

A. GUTIERREZ’S EMPLOYMENT AT ALLY

Ally, which is incorporated in Delaware and headquarter

More...   $0 (01-23-2014 - TX)

Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

2

Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked

More...   $0 (01-23-2014 - TX)

Welco Electronics, Inc. v. Nicholas J. Mora

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of

More...   $0 (01-23-2014 - CA)

Lucia Gonzalez v. Seal Methods, Inc.

Plaintiff Lucia Gonzalez was working for defendant Seal Methods, Inc. (SMI) when she was severely injured while loading material onto a die in a power press. She sought damages from SMI in a lawsuit filed under Labor Code1 section 4558, which allows an employee to “bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer

More...   $0 (01-24-2014 - CA)

Los Defensores, Inc. v. Rosa Gomez, et al.

In the underlying action, the trial court ordered the entry of a default against appellants as a sanction for discovery abuse, and issued a default judgment awarding respondent damages and injunctive relief. Appellants contend that the discovery sanctions were improper, that the complaint stated no cause of action, that they received inadequate notice of the damages respondent sought, and that the

More...   $0 (01-24-2014 - CA)

Jared Garrett v. David Schlemmer

Jared Garrett, individually and as father and next friend of D.G., a minor, sued David Schlemmer d/b/a Silver Wind Stables and Ashley McKenzie d/b/a Silver Wind, LLC and Beverly Palmer on personal tort theories claiming:

1. On or about January 8, 2012, the minor plaintiff, Danielle Garrett, was in the care of Beverly Palmer.

2. On January 8, 2012, defendant P&mer dropped her own

More...   $1 (12-18-2013 - OK)

Jay C. Adkins v. Bret D. Davis, Lamun Mock Cunningham and Davis, P.C.

Jay C. Adkins sued Bret D. Davis, Lamun Mock Cunningham and Davis, P.C. on a personal tort theory claiming:

1. Plaintiff is a citizen of Oklahoma, who resides in Oklahoma County, Oklahoma.

2. Defendant, Bret Davis (“Davis”) is a citizen of the State of Oklahoma and is an attorney licensed to practice in the State of Oklahoma.

3. Defendant, Travis Lawler (“Lawler”) is a

More...   $0 (12-19-2013 - OK)

Rosario Nativi v. Deutche Bank National Trust Company

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclosure f

More...   $0 (01-23-2014 - CA)

Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

More...   $0 (01-24-2014 - NY)

Arjan Mudvarl v. Oklahoma Department of Human Services ex rel., State of Oklahoma

Arjan Mudvarl sued the Oklahoma Department of Human Services ex rel., State of Oklahoma a on governmental tort claim auto negligence theory under 51 O.S. 151, et seq. The claims made by Plaintiff are not available.


Defendant appeared and answered as follows:

1. Defendant DHS is currently without sufficient knowledge or information upon which to form a belief as to the truth of t

More...   $25000 (12-05-2013 - OK)

Kevin B. Fowler v. Corey Rhames, Pride National Insurance Company and Edmond Landscapes & Grounds Maintenance, Inc. d/b/a Edmond Landscapes

Kevin B. Fowler sued Corey Rhames, Pride National Insurance Company and Edmond Landscapes & Grounds Maintenance, Inc. d/b/a Edmond Landscapes on personal tort theories claiming:

1. On or about the 16th day of February 2011, at or near Villa and Interstate 40 westbout, in Oklahoma County, Oklahoma, the Defendant, Corey Rhames negligently operated the vehicle he was driving causing it to coll

More...   $17000 (12-10-2013 - OK)

Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

More...   $0 (01-22-2014 - NY)

Veronica Gonzalez v. Santa Clara County Department of Social Services

Appellant Veronica Gonzalez (Mother) was reported for child abuse after she spanked her 12-year old daughter, A.P. (Daughter), using a wooden spoon with enough force to produce visible bruises. The Santa Clara Department of Social Services (Department) concluded that the report was “substantiated,” and submitted it to the state Department of Justice for inclusion in the Child Abuse Central Ind

More...   $0 (01-21-2014 - CA)

Doreen Carpentier v. Douglas Tuthill and Town of Hartford Town Clerk

¶ 1. BURGESS, J. Defendant Douglas Tuthill, Administrator of the Estate of Paul Oakes, appeals from the jury’s award of $150,000 in punitive damages to plaintiff Doreen Carpentier and the trial court’s denial of his motion for remittitur. Defendant also challenges the trial court’s denial of his post-judgment motion to vacate a writ of attachment. We affirm.

¶ 2.

More...   $0 (10-04-2013 - VT)

Thomas R. Baptie v. Jonathan Bruno and Aron McNeil

¶ 1. BURGESS, J. Plaintiffs Thomas and Marie Baptie, administrators of the estate of their son, John Baptie, appeal the superior court’s decision granting defendant Aron McNeil, a former police officer, summary judgment with respect to their lawsuit alleging that the officer was liable for the death of their son as the result of his negligent investigation of their complaint again

More...   $0 (12-06-2013 - VT)

In Re: Late Fee and Over-Limit Fee Liitgattion - Andrew W. Pinon v. Bank of America, N.A.

Suppose you have an ordinary consumer credit card. You are committed to fiscal rectitude, so you pay your balance in full on the due date each month and never exceed your credit limit. One particularly busy month, though, you lose track of how much you have spent and you charge a purchase that pushes your balance a few dollars beyond your credit limit. You compound the problem when you make your m

More...   $0 (01-21-2014 - CA)

Arshad Yousuf, M.D. v. George Cohlmia, M.D.

American National Property and Casualty Company (ANPAC) appeals from the district court’s grant of summary judgment in favor of Physicians Liability Insurance Company (PLICO) in a dispute regarding ANPAC’s breach of its duty to defend a co-insured. PLICO cross-appeals the district court’s denial of its motion for prejudgment interest. We AFFIRM.

I

In November 2004, Dr. Asha

More...   $0 (01-21-2014 - OK)

Vitorino America v. Sunspray Condominium Association

[¶1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium’s smoking ban. He appeals from a judgment entered in the Business and Cons

More...   $0 (02-12-2013 - ME)

Bernard Quirion v. Bryan Veilleux

[¶1] Bernard Quirion and his spouse, Nancy Dulac, appeal from an order of the Superior Court (Somerset County, Mills, J.) holding that the law of Canada and Quebec will apply to the determination of damages for their claims of negligence and loss of consortium against Bryan Veilleux and 9048-9493 Quebec, Inc. d/b/a S.M. Transport. They contend that we should accept their interlocutory appeal, rea

More...   $0 (05-23-2013 - ME)

Patrick Langevin v. Allstate Insurance Company

[¶1] Patrick and Cora P. Langevin appeal from the entry of a summary judgment in the Superior Court (Cumberland County, Warren, J.) in favor of Allstate Insurance Company on the Langevins’ reach and apply action, brought pursuant to 24-A M.R.S. § 2904 (2012). The Langevins argue that the court erred in determining that a homeowners insurance policy issued by Allstate to Charles Johnson did not

More...   $0 (06-04-2013 - ME)

William J. Picher v. Roman Catholic Bishop of Portland

[¶1] William J. Picher appeals from a summary judgment entered in the Superior Court (Kennebec County, Marden, J.) in favor of the Roman Catholic Bishop of Portland (the Diocese), a corporation sole, following our remand in Picher v. Roman Catholic Bishop of Portland (Picher I), 2009 ME 67, 974 A.2d 286.1 Picher argues that the Superior Court erred in granting a summary judgment to the Diocese on

More...   $0 (11-12-2013 - ME)

Wilmington Trust Company v. Karen Anne Sullivan-Thorne

[¶1] Wilmington Trust Company (“Wilmington”) appeals from a summary judgment entered in the District Court (Lewiston, Lawrence, J.) in favor of Karen Anne Sullivan-Thorne on Wilmington’s complaint seeking a judgment of foreclosure. Wilmington argues that the District Court erred in concluding that Wilmington’s foreclosure action was barred by the doctrine of res judicata based on prior li

More...   $0 (11-05-2013 - ME)

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