Toxic Tort Law
 
Janice PRESSON, Appellant, v. KAY COUNTY BOARD OF COMMISSIONERS, Appellee.

¶1 Appellant brought action below against the Kay County Board of Commissioners (Appellee) alleging she was illegally discharged in retaliation for having pursued a workers' compensation claim. The trial court granted summary judgment in favor of Appellee on the grounds that it was immune from liability pursuant to the doctrine of governmental immunity. This appeal results.

¶2 Appellant w

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GEORGE AND HAZEL LASITER, APPELLANTS, v. CITY OF MOORE, APPELLEE, and KENTUCKY FRIED CHICKEN; LONG JOHN SILVER'S SEAFOOD SHOPPE; McDONALD'S DISTRIBUTING COMPANY; MR. JAKE NYE AND BROWN PLUMBING COMPANY, DEFENDANTS.

¶1 On or about November 2, 1986 Appellants allegedly sustained damages following a sewer backup occurring in Appellants' home. On November 4, 1986 the Appellants filed a notice of claim with Appellee on a form furnished by Appellee entitled "Notice of Tort Claim." This form contained language as follows:

(When you have completed this notice of tort claim and filed it with the City/Town

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SHARON TAFF, APPELLANT, v. THE CITY OF MUSKOGEE, OKLAHOMA, APPELLEE.

¶1 Sharon Taff (Appellant) brought an action in district court against the City of Muskogee, Oklahoma, (Appellee), on August 25, 1987, alleging that her home was damaged when Appellee's sanitary sewer line stopped up, causing sewage to back up in her basement. She alleged that the value of her damages was $20,816.00. She alleged that Appellee had been notified of her claim under 51 O.S.Supp. 1984

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NATHAN C. MANN, APPELLANT, v. THE CITY OF NORMAN, OKLAHOMA, A MUNICIPAL CORPORATION, APPELLEE. Appeal from the District Court of Cleveland County; Edward M. McDanel, Judge.

¶1 The following facts are dispositive of this case.

¶2 Nathan Mann (Plaintiff below) initially filed a claim in the Office of the Norman City Clerk against City on February 20, 1987, requesting damages for wrongful termination under the Governmental Tort Claims Act, 51 O.S.Supp. 1985 § 151 et seq., Plaintiff's claim was denied on May 21, 1987, and pursuant to 51 O.S.Supp. 1985 § 157

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DENISE WALLACE and STEPHEN WALLACE, individually and as husband and wife, Plaintiffs/Appellants v. BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, and STATE OF OKLAHOMA d/b/a TULSA COUNTY PUBLIC FACILITIES AUTHORITY, Defendants/Appellees

¶1 Plaintiffs/Appellants Denise Wallace and Stephen Wallace, individually and as husband and wife (Plaintiffs), seek review of the trial court's order denying their motion to reconsider after the trial court granted summary judgment to Defendants/Appellees Board of County Commissioners of Tulsa County, and State of Oklahoma d/b/a Tulsa County Public Facilities Authority (Defendants) on Plaintiffs

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Nora Grace v. The Oklahoma City Public Property Authority Trust

¶1 Plaintiff/Appellants, Nora Grace, individually and as personal representative of the estate of Donald L. Grace, Donald L. Grace, Jr., and Jim Andrews, seek review of the trial court's order granting summary judgment in favor of Defendant/Appellees, Oklahoma City Public Property Authority Trust (Trust), Steve Carson, and John Doe (collectively Golf Course).1 Decedent, Donald L. Grace, and Andre

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Elizabeth Remmert v. The City of Oklahoma City

Elizabeth Remmert sued The City of Oklahoma City on a governmental tort claim theory under 51 O.S. 151, etc. claiming:

I.

That the defendant City of Oklahoma City is a municipal corporation organized and existing under and by virtue of the laws of the State of Oklahoma.

II.

That on June 26, 2013, claimant’s vehicle was damaged in a collision with an Oklahoma

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Tasia Stone v. The City of Oklahoma City

Tasia Stone sued The City of Oklahoma City on a governmental tort claim theory under 51 O.S. 151, etc. The allegations made by Plaintiff are not available.


COMES NOW The City of Oklahoma City, a municipal corporation, Defendant named above, and hereby waives Service of Summons, and enters a General Appearance as directed by a Resolution of the Council of The City of Oklahoma City, a

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Jeffery Hill v. Janette Elliott

Jeffery Hill sued Janette Elliott on a personal tort theory claiming:

1. On or about the 3d day of August 2012, at or near S. Choctaw Road and East 1-40 WB entrance ramp, Oklahoma County, Oklahoi.na, the Defendant, Janettc Elliott negligently operated the vehicle she was driving causing it to collide with the vehicle being drix jug by Plaintiff, Jeffery Hill.

2. As a direct resul

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Milton Howard Gaines v. Fidelity National Title Insurance Company

In November 2006, Fannie Marie Gaines filed a complaint alleging causes of action for fraud and related claims arising out of the sale of her home.1 By May 2012, the action had not been brought to trial. In August 2012, the trial court dismissed the suit for failure to bring the action to trial within five years, within the meaning of Code of Civil Procedure section 583.310, et seq. On appeal, pla

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Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

We issued an opinion in this case on October 31, 2013, reversing the trial court‘s summary judgment and remanding the case. Appellees subsequently filed

2

a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion.

In this attorney malpractice case, the plaintiffs ar

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Jerilyn Ann Cerda, as Next Friend of Noel Doe v. RJL Entertainment, Inc. d/b/a Chub Cheetah

This appeal arises out of the trial court’s granting of special exceptions and subsequent dismissal with prejudice of certain causes of action asserted by appellant

2

Jerilyn Ann Cerda (“Cerda”), as next friend of Noel Doe (“Noel”), against RJL Entertainment, Inc. d/b/a Club Cheetah (“Club Cheetah”). By one issue, Cerda asserts that the trial court erred in granting Clu

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City of Smithville v. Thomas Watts

Appellee Thomas Watts was injured when his vehicle collided with a fire tanker truck owned by appellant City of Smithville but being driven by the Smithville Volunteer Fire Department. Watts brought suit against Smithville under the Texas Tort Claims Act (TCA). See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. Smithville filed a plea to the jurisdiction based on governmental immunity, and the t

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Andrea A. Crowson v. Thomas D. Crowson, Jr.; Barrett and Coble, Attorneys at Law; John Barrett; and Kathleen Debra Coble

Andrea A. Crowson appeals the trial court’s final decree of divorce awarding custody and visitation and dividing the marital estate pursuant to the terms of a mediated settlement agreement (the MSA). In five issues, Andrea1 challenges the trial court’s enforcement of the MSA.

For the reasons that follow, we affirm the trial court’s final decree of divorce.2

1 We refer to the pa

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Colleen Robinson v. Savannah Dawn Decker

Colleen Robinson, individually and as mother and next friend to Hayden Crowel and Nolan Trevebaugh, minors, sued Savannah Dawn Decker on tort (negligence) theories claiming:

1. On or about January 12, 2012, the Plaintiffs, Colleen Robinson and her two minor children, Hayden Crowd and Tevebaugh were south bound on 1-235 near the NW 23”’ exit when the defendant changed lanes into the plai

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Chad Croom v. Hudsburg, Inc.

Chad Croom sued Hudsburg, Inc. on a wrongful termination theory claiming:

1. This action seeks declaratory, injunctive and equitable relief, actual, compensatory and punitive damages, and costs and attorneys’ fees for the tortious acts and discrimination suffered by Plaintiff in his employment with Defendant Hudiburg, Inc.

PARTIES

2. The Plaintiff is, and at all times

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James Reynolds v. Daniel M. Tangherlini

James Reynolds was 62 years old when his employer, the U.S. General Services Administration (“GSA”), passed him over for a promotion in favor of a 32-year-old employee. Reynolds sued the GSA Administrator alleging that the agency discriminated against him on the basis of age in violation of the “federal sector” provision of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.

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Jimmy Parker v. Cooper Tire and Rubber Company

This dispute arises out of the termination of Appellant, Jimmy Parker (“Parker”), from his employment with Appellee, Cooper Tire and Rubber Company (“Cooper Tire”), a North American tire manufacturer. Parker was employed with Cooper Tire at its plant in Tupelo, Mississippi, for approximately ten years prior to his termination. In November 2007, Parker was hospitalized with flu-like symptom

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Eileen McAfee v. Christine M. Boczar

Defendant Christine Boczar, a deputy sheriff of Powhatan County, Virginia, appeals the judgment of damages plus attorney’s fees entered against her in the Eastern District of Virginia in this 42 U.S.C. § 1983 proceeding. Boczar presents two appellate issues: First, she contends that she is entitled to qualified immunity such that a trial should not have been conducted; and, second, she maintain

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Benjamin Day v. Integris Southwest Medical Center

Benjamin Day sued Integris Southwest Medical Center and Elias Solomon, M.D., and Muhammad Yasin, M.D. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff is a resident of the State of Oklahoma and at all times relevant herein, was a resident of Oklahoma County, State of Oklahoma.

2. Defendant, Integris Southwest Medical Center, is an Oklahoma Corporation doing

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Thomas Ventura v. East Haven Police Department

Thomas Ventura sued East Haven Police Department on a governmental tort claim theory claiming to have been injured and/or damaged in a car wreck in 2006 caused by when he was hit while walking by a white cargo ban driven by Vladimir Trinka. Trinka had been taken home rather than being arrested for DUI by police officers.

Immediately after being delivered home, Trlnka immediately re-entere

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Christopher F.F. Hopper v. SuzanneE. Swinnerton

This appeal arises out of a divorce and custody dispute between Christopher Hopper and Suzanne Swinnerton. In 2005, Christopher filed suit on his own behalf, as well as that of his son and parents, against his wife, Suzanne, her parents, her Montana attorney, and other individuals, alleging a variety of claims sounding in tort. The district court dismissed all claims on summary judgment. Christoph

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Wade Frogley v. Meridian Joint School District No. 2

Plaintiff, Wade Frogley (“Frogley”), appeals the district court’s grant of summary judgment in favor of Meridian Joint School District No. 2 (“Meridian School District”), Aaron Maybon, and Linda Clark (collectively “Respondents”) on Frogley’s complaint of retaliation in violation of Title VII of the Civil Rights Act and the Idaho Human Rights Act.

Frogley also appeals the d

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Bobby Mowrey v. Chevron Pipe Line Company

This is an appeal from a district court order dismissing Appellants’, Robby and Kim Mowrey (“the Mowreys”), negligence action against Respondent, Chevron Pipe Line Co. (“Chevron”). The district court, on July 13, 2011, ruled that because the Mowreys failed to disclose this claim as an asset in their Chapter 7 bankruptcy proceeding, they were judicially estopped from pursuing this claim a

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Gregory Beers v. The Corporation of the President of the Church of Jesus Christ of Latter-DAy Saints

Heidi Beers, a minor, was injured after jumping from a bridge into the Payette River. Heidi had been attending a campout organized by ward members of her church. Her parents, Gregory and Caralee Beers, brought suit individually and on behalf of their daughter against the Corporation of the President of the Church of Jesus Christ of Latter-day Saints (the COP) and fourteen individual defendants. Th

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