Toxic Tort Law
 
Robert R. Burchfield v. Prosperity Bank

This is an appeal from a summary judgment in favor of a bank against a guarantor on a note. The issue we consider is whether the bank is precluded from suing a joint-and-severally liable co-guarantor for a deficiency on a note if the

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bank already holds an uncollected judgment against another joint-and-severally liable co-guarantor for the full amount of the deficiency. We answer th

More...   $0 (07-09-2013 - TX)

Donna Morris v. Jamie Noe

Donna Morris and William R. Morris, III, deceased, sued Jamie Noe, City of Sapulpa, the the Oklahoma Municipal Assurance Croup on beach of contract theories claiming:

1. Plaintiff is an individual residing in Oklahoma. Plaintiff is the surviving spouse of Mr. William R. Morris, III, deceased.

2. Defendant Noe, is an individual who was employed by the City of Sapulpa as a police offic

More...   $0 (07-06-2013 - OK)

State Farm Mutual Automobile Insurance Company v. John Joerg, Jr.

Luke Joerg was injured when his bicycle collided with a car driven by William Lazar. Joerg, a developmentally disabled adult, sued Lazar and State Farm Mutual Automobile Insurance Company, the uninsured motorist carrier. Because Lazar

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settled, the case proceeded to trial only against State Farm. Prior to trial, the trial court ruled that evidence of past medical expenses must r

More...   $0 (06-21-2013 - FL)

Carol Parsons v. Old Dominion Freight Line, Inc.

Carol Parsons, Robert Frazier, Jr. and John Wilson sued Old Dominion Freight Line, Inc. on negligence theories claiming:

That at all times material hereto the Plaintiffs were residents of Tulsa County, State of Oklahoma.

That at all times material hereto the Defendant, OLD DOMINION FREIGHT LINE, INC., was a corporation lawfully operating in the State of Oklahoma. -

That the fa

More...   $0 (07-04-2013 - OK)

GEICO General Insurance Company v. Virtual Imaging Services, Inc.

The issue presented to the Court is whether the Medicare fee schedules set forth in section 627.736(5)(a), Florida Statutes (2008), authorized an insurer to limit reimbursements for medical services rendered to an insured without giving notice in the insurance policy of the insurer’s election to use the Medicare fee schedules as the basis for calculating reimbursements.1

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More...   $0 (07-03-2013 - FL)

Tinesha Bruner v. Jenks Public School District No. 5 d/b/a Jenks Public Schools

Tinesha Bruner sued the Jenks Public School District No. 5 d/b/a Jenks Public Schools on a governmental tort claim auto negligence theory under 51 O.S. 151, et seq. claiming:

1. That the plaintiffs are residents of Tulsa County, State of Oklahoma.

2. That the Defendant, Jenks Public Schools District #5, is a government entity doing business in Tulsa County, State of Oklahoma.

More...   $2000 (07-03-2013 - OK)

Allyn Chatman v. Board of County Commissioners of Tulsa County

Allyn Chatman sued Board of County Commissioners of Tulsa County on a governmental tort claim personal injury theory.

The claims made and defenses asserted by the parties to this case are not available.

More...   $0 (07-01-2013 - OK)

Charolotte Shipp v. City of Tulsa

Charolotte Shipp sued the City of Tulsa, Tulsa Girls Softball Federation, Markel Insurance Company on governmental tort claim auto negligence.

More...   $0 (06-17-2013 - OK)

Auther White v. State Of Oklahoma Ex Rel Oklahoma Department Of Corrections, et al.

Auther White and Camilla White sued State Of Oklahoma Ex Rel Oklahoma Department Of Corrections and Keith Wells on a governmental tort claim auto negligence theory claiming:

1. The Plaintiffs are the residents of McClain County, State of Oklahoma.

2. The car wreck which is the subject of’this action occurred in the City of Lexington, Cleveland County, State of Oklahoma, so pursuant

More...   $0 (06-27-2013 - OK)

The Estate of Adam Boyd Knetsar v. AAA Asphalt Paving, Inc.

The Estate of Adam Boyd Knetsar, Tracy Nicole Knetsar, Amber Lynn Knetsar, Leslie P. Knetsar, and Ronald B. Knetsar appeal the trial court’s grant of summary judgment in favor of AAA Asphalt Paving, Inc. on their gross negligence

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claim. In one issue, appellants contend that the trial court erred in granting summary judgment because genuine issues of material fact exist. We affirm

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Karrar Aburdarb v. City of St. Louis

Adel Aburdarb and Nawal Rassooli, individually and the parents of Karrar Abudarb, deceased, sued the City of St. Louis on a governmental tort claim wrongful death theory claiming that their son was killed when a goal post fell on him and crushed his skull on November 19, 2007. Karrar Abudarb, age 19, was using a portable goal to do pull-ups when it tipped over and crushed his skull.

Plainti

More...   $40000 (06-27-2013 - MO)

Charles Sheffer v. Carolina Forge Company, LLC

¶1 On August 24, 2006, William Garris III and David Billups flew from Raleigh, North Carolina, to Joplin, Missouri, on a business trip for their employer, Carolina Forge Company, L.L.C. Garris was the quality manager for Carolina Forge, and Billups was a customer service representative. The trip was scheduled to take place from August 24, 2006, to August 27, 2006, in Joplin, Missouri. Normally, W

More...   $0 (06-25-2013 - OK)

Elizabeth Lorenzo-Luna v. The City of Oklahoma City

Elizabeth Lorenzo-Luna sued The City of Oklahoma City on a governmental tort claim auto negligence theory claiming:

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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 December 21, 2012, claimant’s vehicle was damaged when it was rear-ended by an

More...   $857 (06-23-2013 - OK)

Janie Anderson v. The City of Oklahoma City

Janie Anderson sued The City of Oklahoma City on a governmental tort claim negligence theory claiming:

I.

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

II.

That on December 17, 2012, claimant’s vehicle was damaged in a collision with a City vehicle as

More...   $3174 (06-23-2013 - OK)

Shahla M. Rabie Cortez v. Palace Resorts, Inc.

The underlying question in this case is whether the forum non conveniens doctrine was erroneously applied to force a United States citizen to litigate her negligence action in Mexico, when her lawsuit was filed against a corporation with its primary place of business in Florida and where the allegations of the complaint relate to an incident that took place in Mexico but center on conduct occurrin

More...   $0 (06-20-2013 - FL)

Mary Goodman v. Clayton County Sheriff Kemuel Kimbrough

Bruce Goodman (Goodman), a 67-year-old man suffering from dementia and prone to disorientation and confusion, was severely beaten by his cellmate while detained at the Clayton County Jail (the Jail) in the early morning hours of September 9–10, 2008. By and through his wife and next friend, Goodman filed suit under 42 U.S.C. § 1983 against the two officers charged with his supervision at the Ja

More...   $0 (06-21-2013 - GA)

Andrea Guarino v. Wyeth, LLC

Plaintiff Angela Guarino appeals the district court’s dismissal of her claims against the brand-name manufacturers of the prescription drug Reglan, Wyeth LLC and Schwarz Pharma, Inc. (collectively, the “Brand Manufacturers”), and grant of summary judgment in favor of Teva Pharmaceuticals USA, Inc. (Teva), the manufacturer of its generic equivalent (metoclopramide), on her claims of negligenc

More...   $0 (06-25-2013 - FL)

Dominique Edgerson v. Blake Matatall

Plaintiff Dominique Edgerson brought this § 1983 action after defendant police officer Blake Matatall shot Edgerson several times while Edgerson fled on foot after a high-speed car chase. Edgerson alleges that Officer Matatall used excessive force by shooting Edgerson, who was unarmed, after Edgerson had fallen to the ground and was in a “surrender position.” Officer Matatall claims he shot E

More...   $0 (06-25-2013 - MI)

Mutual Pharmaceutical Co., Inc. v. Karen Bartlett

We must decide whether federal law pre-empts the New Hampshire design-defect claim under which respondent Karen Bartlett recovered damages from petitioner Mutual Pharmaceutical, the manufacturer of sulindac, a generic nonsteroidal anti-inflammatory drug (NSAID). New Hampshire law imposes a duty on manufacturers to ensure that the drugs they market are not unreasonably unsafe, and a drug’s safety

More...   $0 (06-24-2013 - DC)

Maetta Vance v. Ball State University

In this case, we decide a question left open in Burlington Industries, Inc. v. Ellerth, 524 U. S. 742 (1998), and Faragher v. Boca Raton, 524 U. S. 775 (1998), namely, who qualifies as a “supervisor” in a case in which an employee asserts a Title VII claim for workplace harassment?

Under Title VII, an employer’s liability for such harassment may depend on the status of the harasser.

More...   $0 (06-24-2013 - DC)

George Wittner v. Banner Health

Ian Wittner died at the North Colorado Medical Center after being injected with the drug Haldol during a seventy-two-hour involuntary mental health hold.

His parents, Lizbeth Cardenas and George Wittner, brought this § 1983 claim against the Medical Center, the doctor, and the nurse involved in their son’s treatment. They appeal from the district court’s grant of summary judgment to de

More...   $0 (06-24-2013 - CO)

Janelle Burrill v. Jayraj Nair

This defamation action arises out of a contentious custody dispute that has made its way to this court five times.1 In the underlying case, Jayraj Nair persistently fought court-ordered efforts to reunify his former wife, Bindu, with their older son, Suraj. (We

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1 See Nair v. Superior Court (May 28, 2009, C061761) [summary denial of petition for writ of

More...   $0 (06-20-2013 - ca)

Waterscape Resort LLC v. Eric McGovern, et al.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered April 26, 2012, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff project owner alleges that defendants fraudulently misrepresented that their construction management company (PMG) had obtained full subguard insurance coverage to protect plainti

More...   $0 (06-20-2013 - NY)

Wany's Rivera v Crotona Park E. Bristow Elsmere

Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 13, 2012, which, to the extent appealed from as limited by the briefs, denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Contrary to plaintiffs' contention, defen

More...   $0 (06-20-2013 - NY)

Morgan Jackson v. Eric Jennings Kisiah

In six issues, Appellant Morgan Jackson appeals the trial court’s amended judgment that he take nothing on his claim for bodily injury against Appellee Eric Jennings Kisiah. We will affirm.

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

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II. FACTUAL AND PROCEDURAL BACKGROUND

Jackson filed suit against Kisiah2 after Kisiah stabbed him as he exited a sports

More...   $0 (06-21-2013 - TX)

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AK Morlan
Kent Morlan, Esq.
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