Toxic Tort Law
 
Joseph L. Smith v. Providence Health & Services - Oregon d/b/a Providence Hood River Memorial Hospital, d/b/a Providence Medical Group, et al.

After suffering permanent brain damage from a
stroke, plaintiff Joseph Smith brought this medical negligence
action, alleging that, because doctors had not taken
proper steps to follow up on his complaints of stroke symptoms,
he lost a chance for treatment that, in one-third of
cases, provides a patient with no or reduced complications
following the stroke. Reviewing the co

More...   $0 (05-11-2017 - OR)

St. Varian Valley School District RE-1J v. Alexa Rae Loveland

¶1 This is the latest chapter in the legal saga of a young girl who was seriously
injured on her elementary school playground in late 2008. Alexa Rae Loveland, then
nine years old, fell while using the playground’s zip line apparatus and severely
fractured her wrist and forearm. Alexa and her parents filed a tort action against the
school district, seeking damages for Alexa’s injur

More...   $0 (05-22-2017 - CO)

Tammy Fisher v. Brian Koopman

After an investigation spearheaded by Detective Brian Koopman, the Loveland
Police Department (the “Department”) accused former police officer Tammy Fisher
of alerting friends to a child pornography investigation—allowing the friends to
delete files from their computer’s hard drive before the police executed a search
warrant. The Department ultimately decided not to pursue any off

More...   $0 (05-23-2017 - CO)

Nissan Motor Acceptance Corporation v. Michael Kahn d/b/a Superior Automotive Group Orange County Courthouse - Santa Ana, California

Santa Ana, CA - Jury Awards Car Dealer $256.5 Million in Damages

Nissan Motor Acceptance Corporation sued Superior Automotive Group on a breach of contact theory. Defendant counterclaimed on a tort theory.

Kahn's company owned four Nissan, two Toyota and one Chevrolet dealerships in California in 2009. Plaintiff Provided financing for some but not all of the dealerships.

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Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

After siblings Kaleta and Seth Johnson sued Dinesh Shah for Shah’s protracted abuse of their family, Michael Phillips, a Houston attorney, defended Shah against the allegations in a 2008 civil trial. Phillips later published a book,
titled “Monster in River Oaks,” about the events giving rise to the suit. According to its prologue, the book tells the “story of a predatory monster that set out

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United States of America, ex rel. Andre Petras v. Simparel, Inc., et al.

Andre Petras appeals the District Court’s dismissal of
his reverse False Claims Act suit against his former employer,
Simparel, Inc.; David Roth, Simparel’s founder and Chief
Technology Officer; and Ron Grilli, Simparel’s Chief
Executive Officer (collectively, “the Simparel defendants”).2
Petras initially alleged a reverse FCA claim3 and
retaliation claim4 under the False C

More...   $0 (05-18-2017 - NJ)

Jacquelynn L. Jacks v. CMH Homes, Inc., d/b/a Oakwood Homes, Oklahoma City, and d/b/a Clayton Manufactured Homes; CMH Manufacting, Inc. a/k/a Karsten Homes

In 2009, Jacquelyn Jacks bought a manufactured home from CMH Homes, Inc.,
on installment. The purchase was financed through CMH Homes under a manufactured home
retail installment contract. The contract contains an arbitration agreement, which
provides that all disputes arising from, or relating to, the contract would be resolved by
binding arbitration. By its terms, “[t]his Arbitra

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Dirck Van Audenhove v. Robert D. Perry

Dirck Van Audenhove sued Robert Perry for malicious prosecution, alleging that
Perry contacted the police and falsely accused him of stalking, and that the police
arrested him, but the district attorney’s office ultimately declined to prosecute. The trial
2
court sustained a demurrer and dismissed the action, on the ground that the complaint
failed to allege a prosecution, as

More...   $0 (05-20-2017 - )

Ann E. Gillotti v. Eugene W. Stewart

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden

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CASEY RODNEY WILSON V. ALFRED ANTONY WALKER, ET. AL. Beckham County Oklahoma Courthouse

Sayre, OK - CASEY RODNEY WILSON V. ALFRED ANTONY WALKER, ET. AL.

Issues

1. TORT

Docket
Date Code Description Count Party Amount
10-13-2015

PETITION

Document Available at Court Clerk's Office
$ 163.00


LAW LIBRARY ASSESSMENT
$ 6.00


DISPUTE MEDIATION ASSESSMENT
$ 2.00

More...   $0 (04-11-2016 - )

Amy Chadwick v. City of Elk City

Elk City, OK - Amy Chadwick durf City of Elk City on s governmental tort claim theory pursuant to 51 O.S. 151, et seq.

1. DAMAGES

Docket
Date Code Description Count Party Amount
02-13-2014

PETITION

Document Available at Court Clerk's Office
$ 163.00


LAW LIBRARY ASSESSMENT
$ 6.00


DISPUTE MEDIATIO

More...   $0 (05-17-2017 - OK)

Ricky Koch v. United States of America

Plaintiff Ricky Koch fell and suffered personal injuries while aboard the
S.S. Altair, a public vessel owned by the United States and operated by its
agents. Koch, a 54 year-old foreman and employee of Economy Iron Works,
was inspecting the vessel in connection with his employer’s bidding on repair
work on the vessel. Koch and his wife, Susan Koch, brought this action in
federa

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Kenneth Baker, et al. v. Jean M. Lindgren, et al.

Kenneth Baker and several of his
family members sued the City of Chicago, eight named police
* The Honorable James E. Shadid, of the Central District of Illinois, sitting
by designation.
2 No. 15‐2203
officers, a number of unknown officers, as well as two private
citizens and the company employing them, alleging civil rights
violations and state law tort claims. I

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The Tavern, L.L.C. and Sall, L.L.C. v. The Town of Alpine, Wyoming

[¶1] Appellants The Tavern, LLC and SALL, LLC sued the town of Alpine, asserting
several claims stemming from Alpine’s financing and construction of a new sewage
treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred
for the project, alleging that the loans exceeded the constitutional and statutory debt
limitations imposed upon municipalities. Th

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Johnson Kidz, Inc. v. Vertex Community Bank, N.A.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by
appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became
uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and
conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for
breach of a guaranty agreem

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Jerene Dildine v. Sean Saxon

Denver, CO - Former Escort Awarded $1.7 Million

Jerene Dildine, age 44, sued Denver attorney Sean Saxon on a tort of outrage and invasion of privacy theories claiming that he outed her when she refused to stop working in the sex trade he became possessive, angry and violent.

Plaintiff broke off the relationship and asked that he leave her alone but he refused and started stalking

More...   $0 (05-13-2017 - CO)

Mykelynn Vasquez and Estate of Michael Swatosh, deceased v. State of Oklahoma, ex rel Oklahoma Department of Public Safety and Sheldon Robinson Tulsa County Oklahoma Courthouse

Tulsa, OK - Family of Man Killed by Off-Duty Patrol Trooper Awarded $2 Million

Mykelynn Vasquez and Estate of Michael Swatosh, deceased, sued the State of Oklahoma, ex rel Oklahoma Department of Public Safety and Sheldon Robinson on governmental tort claim and negligence theories.

Plaintiff claimed that wrongfully shot and killed Swatosh outside a best Budget Inn on Sheridan Roa

More...   $2000000 (05-11-2017 - OK)

Anji Bradshaw v. Armor Correctional Health Services, Inc., et al. Tulsa County Jail - David L. Moss Correctional Center

Tulsa, OK - Angela Kaye Bradshaw, individually and on behalf of the Estate of Nathan Daniel Bradshaw, deceased, sued Tulsa County on a Governmental Tort Claim wrongful death theory under 51 O.S. 151, et seq. claiming that Tulsa County Sheriff's office jail employees failed to exercise due care in dealing with Bradshaw, age 32, and, as a direct result, he was able to hang himself.

Bradshaw

More...   $175000 (05-09-2017 - OK)

Ford Motor Company v. The Superior Court of Los Angeles County, Jose Luis Aguilar, Real Party in Interest

SUMMARY
Code of Civil Procedure section 404.1 governs the
conditions for coordination of civil actions.1 In February 2016, a
coordination motion judge found that a coordination proceeding
was appropriate for approximately 470 cases filed in nine
California counties. Six months later, the judge assigned as the
coordination trial judge for those cases, applying the same
s

More...   $0 (05-08-2017 - )

Diana Carroll v. United States of America

Oklahoma City, OK - Widow Awarded $1.932 Million On Wrongful Death Federal Tort Claim

Diana Carroll sued the United States of America on a wrongful death Federal Tort Claim theory claiming that her husband was killed when he was hit by a Riverside Indian School bus driven by Laughter Phil Smith in 2015. Smith was the dean of students at the school and was driving the bus as part of his d

More...   $1932632 (05-07-2017 - OK)

Sungho Park v. Board of Trustees of the California State University

To combat lawsuits designed to chill the exercise of free speech and
petition rights (typically known as strategic lawsuits against public participation,
or SLAPPs), the Legislature has authorized a special motion to strike claims that
are based on a defendant‘s engagement in such protected activity. (See Code Civ.
Proc., § 425.16, subd. (a).)1 We consider a question that has gener

More...   $0 (05-07-2017 - )

Katia Julian v. Mission Community Hospital

This action arises out of a series of events that began at a
Los Angeles middle school, where Katia Julian taught
mathematics, and ended at Mission Community Hospital, where
Julian was involuntarily detained for mental health evaluation
and treatment. After her release, Julian sued the Los Angeles
Unified School District (LAUSD), the Los Angeles Unified School
Police (LAUSP

More...   $0 (05-03-2017 - )

William C. Milks III v. Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating (The 1), LLC

Tulsa, OK - William C. Milks III sued Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating The 1), LLC on a Residential Property Condition Disclosure Act (60 O.S. 831) violation theory.

Plaintiff purchased a home from the Wests for $615,000
The property was inspected and found, after certain repairs, to be in good repair.



Issue # 1.

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Fox factory, Inc. v. The Superior Court of Santa Clara County, Peter Isherwood, Real Party in Interest

Petitioner Fox Factory, Inc., doing business as Fox Racing Shox (Fox), is the
defendant in an action for personal injuries brought in Santa Clara County by plaintiff
and real party in interest Peter Isherwood. Fox moved to dismiss or stay plaintiff’s
lawsuit under the doctrine of forum non conveniens, but the superior court denied the
motion, citing authority requiring California t

More...   $0 (05-01-2017 - )

STATE OF OHIO v. RICHARD E. BECRAFT, JR.

} On May 2, 2013, Becraft pled guilty to one count of aggravated robbery in
violation of R.C. 2911.01(A)(1), a felony of the first degree. The offense stemmed from
allegations that Becraft and two of his companions, Jeremy Dover and Laune Dozier,
followed a woman from inside a Kroger’s bank branch and robbed her in the parking lot.
During this time, Dover was alleged to have

More...   $0 (04-29-2017 - OH)

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