Toxic Tort Law
 
Randall Keith Hampton v. County of San Diego

In November 2009, a vehicle that Randall Keith Hampton was driving collided with another vehicle at an intersection in Valley Center. Hampton and his wife sued the driver of the other vehicle as well as the County of San Diego (County).1 The Hamptons brought claims against the County for dangerous condition of public property (Gov. Code, § 835 et seq.)2 (fourth cause of action) and loss of consor

More...   $0 (07-26-2013 - CA)

Manolo Figueroa v. Delant Construction Co.

Manolo Figueroa (“Figueroa”) appeals the trial court’s entry of final summary judgment in favor of his statutory employer, Master Construction of South Florida, Inc. (“Master Construction”), finding that Master Construction was covered by workers’ compensation immunity for the personal injuries sustained by Figueroa. We affirm.

Figueroa’s action was brought under the intention

More...   $0 (07-30-2013 - FL)

In Re Bradley Estates

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes “tort liability” within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature’s use of the common-law term “tort,” we hold that “tort liability” as used in MCL 691.1407(1) of the GTLA encompasses all

More...   $0 (07-26-2013 - MI)

Beth Pearson v. Community Enhancement Corporation

Beth Pearson, individually and as parent and next friend of Ryalyn Pearson, a minor, sued Community Enhancement Corporation on a negligence theory claiming:

Beth Pearson, Individually and as Parent and Next Friend of Ryalyn Pea son, a Minor (“Plaintiffs”), by and through their attorney of record, Adam N. Bush, offers ibis Amended Petition pursuant to 12 Okla. Stat, § 2015(A) for causes

More...   $0 (07-25-2013 - OK)

Perry Fatheree v. Ellen Maliskas

Perry Fatheree sued Ellen Maliskas on a personal tort theory claiming:

1. This Court has proper venue pursuant to 12 OkIa. Stat. 137.

2. Plaintiff, Perry Fatheree, is a citizen of Oklahoma and a resident of Oklahoma County.

3. Based on present knowledge, information and belief Defendant I lIen Maliskas is an individual and resident of Oklahoma County.

4. On or a

More...   $1 (07-22-2013 - OK)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr

More...   $0 (07-09-2013 - MD)

Sedrick Ramon Courtney v. The States of Oklahoma

¶1 The primary issue presented in this original proceeding is whether this Court or the Court of Criminal Appeals has jurisdiction to review an order deciding a request to determine actual innocence. A determination of actual innocence is required for a wrongful conviction claim under the Governmental Tort Claims Act, 51 O.S.2011, §§ 151 through 172. The controversy over appellate jurisdiction

More...   $0 (07-02-2013 - OK)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's

More...   $0 (06-04-2013 - OK)

Timothy Wall v. John S. Marouk, D.O.

¶1 The dispositive issue presented is whether, in the aftermath of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, the legislative amendment to 12 O.S. 2011§191 , removed the unconstitutional infirmity from the requirement of an affidavit of merit in any civil action for professional negligence. An examination of the Okla. Const. art. 5, §462, art. 2, §63, 63 O.S. 2011 §1-1708.1C, as well as prior

More...   $0 (06-04-2013 - OK)

Jeffrey Meier v. Carolyn W. Colvin

Jeffrey Meier appeals the district court’s order denying his motion for attorney’s fees and costs under the Equal Access to Justice Act. We hold that the position of the United States was not substantially justified. We therefore reverse and remand for an award of fees and costs.

BACKGROUND

Meier applied for social security disability benefits. The administrative law judge (A

More...   $0 (07-24-2013 - MT)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili

More...   $0 (07-19-2013 - TX)

Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

2

(“SVI”). As

More...   $0 (07-12-2013 - TX)

P. David Newsome, Jr. v. William Gallacher

This case requires us to answer a classic personal jurisdiction question— who was injured, and where? The answer to that question will determine whether the representative of a Canadian-owned Delaware corporation operating exclusively in Oklahoma may sue the corporation’s Canadian officers and directors in Oklahoma.

To bring a suit, the plaintiff must show the defendants are subject to

More...   $0 (07-17-2013 - OK)

Ambriana Tygard v. Oklahoma City Public Schools

Ambriana Tygard sued the Oklahoma City Public Schools, Board of Education of Oklahoma City Public Schools on a personal tort theory claiming:

1. That the Plaintiff, Ambriana Tygard, a minor, by and through her father and next best friend, Stephan Blevins, is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant, Oklahoma City Public Schools, is an Oklahoma Munic

More...   $50000 (07-12-2013 - OK)

Elizabeth Crawford v. City of Oklahoma City

Elizabeth Crawford sued the City of Oklahoma City on a negligence theory claiming:

1. That Plaintiff has properly complied with all notice requirements of the Governmental Tort Claims Act, 51 O.S. § 151, et seq.

2. That Defendant City of Oklahoma City is a political subdivision subject to the provisions of the Oklahoma Governmental Tort Claims Act, 51 O.S. § 151 et seq.

More...   $17500 (07-12-2013 - OK)

Billy Joe Brimm, Jr. v. Robert J. Gunderson, D.O.

Billy Joe Brimm, Jr. sued Robert J. Gunderson, D.O., Loving Care In-Home Health Services, L.L.C. and Gaynell M. Anderson, M.D., on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Billy Joe Brimm, Jr., (hereinafter “Plaintiff Brimm”) is an individual and a resident of Pottawatomie County, Oklahoma.

2. Defendant, Robert J. Gunderson, D.O., is a physician l

More...   $1 (07-12-2013 - OK)

Lynda Jackson v. Oklahoma City Public Schools

Lynda Jackson and Aaron Williams, individually and as Parents and Next Friends of Hakeem Williams, a minor, sued the v. Oklahoma City Public Schools and Independent School District No. I-89 on an assault and battery theory claiming:

1. On the 4Th day of May, 2011, in Oklahoma County, Oklahoma, the minor Plaintiff, Hakeem Williams, while a student, was physically assaulted and battered by N

More...   $0 (07-12-2013 - OK)

Nikki Nicole Baxter v. James Austin Bannister

Nikki Nicole Baxter sued James Austin Bannister on a personal tort theory claiming:

1. NIKKI NICHOLE BAXTER, Individually, CASEY LUCAS As Parent and Next Friend of BROOKE LUCAS, a minor, are residents of Oklahoma County.

2. The amount in controversy exceeds $10,000.00 exclusive of interest, in attorney’s fees.

3. On or about October 16, 2009, the Plaintiffs NIKKI NICHO

More...   $6000 (07-12-2013 - OK)

Debra O'Toole v. Eliane Davenport

Debra O'Toole sued Eliane Davenport on a personal tort theory claiming:

1. Plaintiff is a resident of Oklahoma County; Defendant is a resident of Oklahoma County; the accident from which this cause of action arises occurred in Oklahoma County; this Court has proper jurisdiction and venue over this matter.

2. On July 28, 2010, Plaintiff was stopped at a stop light at the intersection

More...   $0 (07-12-2013 - OK)

Joseph Brown v. United Airlines, Inc.

These appeals pose a question of first impression: Can the plaintiffs, skycaps affiliated with two major airlines, maintain common-law actions for unjust enrichment and tortious interference based on the airlines' imposition and retention of baggage-handling fees for curbside service? Concluding, as we do, that the plaintiffs' actions intrude into a no-fly zone demarcated by the preemption provisi

More...   $0 (07-09-2013 - MA)

Daniel Glenn Clark v. Wal-Mart Stores East, L.P.

Daniel Glenn Clark sued Wal-Mart Stores East, L.P., Bradley Cowden, Chaunce Joel Ward, Daniel A. Storts and John Doe on personal tort theories claiming:

The specifics of the claims made and defenses asserted are not available.

More...   $0 (07-12-2013 - OK)

Jason Wayne Courtney v. State of Oklahoma

Plaintiff Jason Wayne Courtney appeals the district court’s grant of summary judgment to Defendants in his action brought under 42 U.S.C. § 1983 against Trooper Jacob Smith and the State of Oklahoma ex rel the Oklahoma Department of Public Safety (the “State”). Courtney’s claims arise from a traffic stop on the Muskogee Turnpike during which he was arrested for being a felon in possession

More...   $0 (07-15-2013 - OK)

Steve Beck v. Oak Tree Partners, LLC

Steve Beck and Rhonda Beck sued Oak Tree Partners, LLC, Dunhill Develop0ment and Jeffrey O. Bolding on breach of contract theories claiming:

1. The events and occurrence which give rise to Plaintiffs’ causes of action occurred in and relate to real property located within Oklahoma County, Oklahoma. Accordingly, venue is proper in Oklahoma County, Oklahoma.

ALLEGATIONS COMMON TO

More...   $0 (07-11-2013 - OK)

Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two

2

statutes of repose.1 In two issues, Jenkins argues that the tria

More...   $0 (07-02-2013 - TX)

Eddie Medina, Jr. v. Gloria Tate d/b/a Humble Family Skate Center and Humble Family Skate Center, Inc.

In this personal-injury case, the trial court granted summary judgment on the defendants’ affirmative defense of limitations. We affirm as to Humble Family

2

Skate Center Inc. and reverse and remand as to Gloria Tate d/b/a Humble Family Skate Center.

BACKGROUND

On November 22, 2011, plaintiff/appellant Eddie Medina, Jr. sued defendants/appellees Gloria Tate d/

More...   $0 (07-09-2013 - TX)

Next Page

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