Rachelle Devore v. California Highway Patrol |
Plaintiffs Rachelle DeVore (individually and as administrator of the estate of her late husband, Oscar Alfaro) and her adult daughter, Steffani Hix, filed a petition pursuant to Government Code section 946.61 for relief from the Government Claims Act (§ 810 et |
Terry J. Schwalier v. Chuck Hagel |
Retired Brigadier General Terryl Schwalier brought this action in the district court seeking, inter alia, “correction” of his military records to reflect promotion to major general, along with active duty back pay and retired pay. The district court entered summary judgment in favor of the Secretary of the Air Force and the Secretary of Defense. Schwalier appeals. Because the jurisdiction of t $0 (11-15-2013 - DC) |
Dianna Johnson v. Government of the District of Columbia and Todd Dillard |
Concerned that contraband poses significant dangers to inmates and employees, many penal institutions strip search incoming detainees. The appropriateness of these invasive procedures doubtless looks different from the perspective of detainees such as Appellants—women forced to endure strip searches while awaiting presentment hearings at the District of Columbia Superior Court. Alleging that suc $0 (11-15-2013 - DC) |
Ronald Ray Williams v. Bixby Independent School District |
¶1 Plaintiff/Appellant Ronald Ray Williams (Williams) appeals from the trial court's order granting Defendant/Appellee Bixby Independent School District (School) summary judgment. After de novo review, we hold that Williams's negligence claim is barred by the statute of limitations, pursuant to 51 O.S.2001 § 157(A)-(B), and School is entitled to judgment as a matter of law. We affirm. |
Jay E. Pope v. Laura Fulton |
¶1 Jay Pope sued his step-sister, Laura Fulton, and his step-father, John Hover, to recover his ownership interest in two vehicles. Following a non-jury trial, the court entered judgment granting Jay a one-half interest in each vehicle plus attorney fees. We affirm the judgment in favor of Jay as a correct result based on an incorrect legal theory, but we reverse the awards of an ownership intere $0 (09-30-2013 - OK) |
Kalen Lavender v. Craig General Hospital |
¶1 Plaintiff Kalen Lavender appeals from a trial court order granting Defendant Craig General Hospital's motion to dismiss. This appeal proceeds according to Supreme Court Rule 1.36, 12 O.S.2011, ch. 15, app. 11, without appellate briefing. After review of the record on appeal, we reverse the trial court's order and remand this case for further proceedings. |
Bambi Hamilton v. Hillcrest Healthcare System |
¶1 This appeal was filed by Plaintiffs/Appellants, Bambi Hamilton, individually and as Guardian of the person and the Estate of M.H., a minor, and Matthew Hamilton to challenge the amount of the lien owed to the Appellee Oklahoma Health Care Authority. On May 31, 2013, this Court issued its Opinion reversing the Order of the district court denying the Hamiltons' request to reduce the amount of th $0 (10-23-2013 - OK) |
In Re Marriage of: Anabella Gonzalez Muller aka Anabella Gonzalez v. Timothy Al Muller |
¶1 Petitioner/Appellant Anabella Gonzalez Muller aka Anabella Gonzalez (Gonzalez) appeals the decision of the district court dismissing her Amended Petition for Annulment against Timothy Al Muller (Muller). We vacate the district court's dismissal of Gonzalez's claim for an annulment pursuant to 12 O.S. Supp. 2009 § 2009(B) and remand for trial on Gonzalez's annulment action. |
Cattleman's Steakhouse, Inc. v. John David Waldenville |
¶1 We retained this cause to address two issues. The first is whether a political-subdivision employer may be required to provide workers' compensation benefits to an off-duty employee injured while providing services to a private entity. Second, we are asked whether, under the facts presented, the claimant's salaries from his full-time employment as a deputy sheriff and his part-time job as a se $0 (11-12-2013 - OK) |
David F. Widner v. Enerlex, Inc. |
¶1 David F. Widner and Norma Jean Widner Clements (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The issues presented are 1) whether, under the facts and circumstances in this case, the defendant owed the plaintiffs a duty to disclose the pooling order, the production, and the accrued mineral proceeds when it made an unsolicited offer to purchase $0 (10-29-2013 - OK) |
Jose L. Hernandez v. Gary Ridley |
Jose Hernandez, Jr., and Salvador Hernandez were killed by a motorist while they were performing road construction in Oklahoma. Their representative sued their employer, Duit Construction Company, and the motorist and alleged a substantive due process claim against a host of Oklahoma Department of Transportation (ODOT) employees. All ODOT employees except the director and the resident engineer on $0 (11-13-2013 - OK) |
Keely Foster v. Michelle A. Klaumann, M.D. |
This is a medical malpractice case challenging jury instructions used at trial. Keely Foster, a minor, and her parents, Kim and Kevin Foster, sued Dr. Michelle |
Sierra Club v. Robert Moser |
In this appeal, environmental organization Sierra Club seeks judicial review of the decision of the Secretary of the Kansas Department of Health and Environment (KDHE) to issue an air emission source construction permit to Sunflower Electric Power Corporation (Sunflower) for the construction of an 895-megawatt coal-fired power plant, referred to as Holcomb 2, at the site of Sunflower's existing pl $0 (11-12-2013 - KS) |
Adam Simmons v. Richard W. Porter |
Adam Simmons was seriously injured in a gasoline fire while at work. He sued his employer for negligently failing to provide him with a reasonably safe workplace. The district court denied his claim based on the common-law assumption of risk doctrine, which can bar recovery when an employee who knows of a dangerous situation voluntarily exposes himself or herself to that danger. The Court of Appea $0 (11-08-2013 - KS) |
George M. Sonnett, Jr. v. First American Title Insurance Company |
[¶1] The appellants, George M. Sonnett, Jr. and Wendy Z. Burgers Sonnett, filed a complaint against the appellees, First American Title Insurance Company and First American Title Insurance Company of Sublette County (collectively “First American”). In their complaint, the Sonnetts alleged that First American breached the terms of the title insurance policy, was negligent, and acted in bad fai $0 (09-13-2013 - WY) |
Mark D. Volpei v. County of ventura |
An employee is a member of a union whose collective bargaining agreement provides that the union may submit a grievance to arbitration. Here we conclude that this provision does not preclude the employee with a statutory grievance against his employer from filing a judicial action. |
The University of Texas Southwestern Medical Center v. Verba Klingsick, Diana Klingsick, et al |
The University of Texas Southwestern Medical Center files this interlocutory appeal, claiming the trial court abused its discretion by denying UTSWMC’s motion to dismiss. In two issues, UTSWMC contends appellees Verba Klingsick, Diana Klingsick, and Jana Carrasco, Individually and on Behalf of the Estate of William R. Klingsick, deceased, failed to timely file an expert report satisfying the req $0 (11-05-2013 - TX) |
Pilot Travel Centers, LLC, et al v. Joan McCray, et al |
In this interlocutory appeal, Pilot Travel Centers, LLC (Pilot Travel) asserts the trial court erred by denying its motion to compel arbitration and for a stay of the trial court proceedings against it. We reverse the trial court’s order denying Pilot Travel’s motion to compel arbitration and for stay of the trial court proceedings. |
Hybiscus Food Inc. and Sanjiv Chandan, Individually and Amir Ali Hanjani, Individually v. Atul Saraswat |
Appellants Hybiscus Food, Inc. and Sanjiv Chandan were sued by Appellee Atul Saraswat for breach of contract and multiple torts over a sale of HFI stock shares to Saraswat. After a bench trial, the court awarded Saraswat a “lump sum monetary amount of $54,811.00.” Neither party requested findings of fact, and the trial court did not state how it calculated damages. Appellants claim the evidenc $0 (11-06-2013 - TX) |
Rubio Izaguirre v. R&L Carriers Shared Services, LLC |
This Industrial Commission appeal deals with the extent of subrogation rights of an employer or its surety. The claimant, Rubio Izaguirre, settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement, minus only a deduction for attorney fees and costs. Izaguirre argued that subrog $0 (08-30-2013 - ID) |
Heather Hall v. Rocky Mountain Emergency Physicians, LLC |
This appeal arises from a medical malpractice claim brought against a physician’s assistant, two supervising physicians, and Rocky Mountain Emergency Physicians, L.L.C. (collectively Rocky Mountain). Heather Hall presented at the emergency room complaining of headache, blurry vision, and sensitivity to light. Jeff Johnson, a physician’s assistant, examined Hall. As part of his examination, he $0 (09-06-2013 - ID) |
Lillian Hatheway v. Board of Regents of the University of Idaho |
Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the University”). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she sued the Uni $0 (09-06-2013 - ID) |
Lillian Hatheway v. Board of Regents of the University of Idaho |
Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the University”). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she sued the Uni $0 (09-06-2013 - ID) |
Dionte Tyler v. DH Capital Management, Inc. |
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an |
George Cooper, Sr. v. James Sheehan |
Late in the evening of May 2, 2007, George Cooper, Sr., was alerted to the sound of unknown persons outside his mobile home in rural Leland, North Carolina. Lowered shotgun in hand, Cooper stepped out onto his back porch to investigate. Seconds later, he was struck by gunfire. The shots were fired by Brunswick County deputy sheriffs James Sheehan and Brian Carlisle (the “Officers”), who were i $0 (11-08-2013 - NC) |
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