Toxic Tort Law
 
MARK S. SELLENS v. FARMERS INSURANCE CO., INC.,

On August 28, 2013, Sellens was injured when a Chevrolet Suburban being driven by Jason Klotz turned left in front of Sellens' oncoming motorcycle. Klotz, the owner of the Suburban, was employed by Kansas Fire and Safety Equipment, Inc. (KFSE). The various insurance policies at play are as follows:  Sellens was insured by Farmers under a policy that provided liability coverage and UIM c

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United States of America v. KTX Limited and KTX Properties, Inc.

Beaumont, TX - FOUR TEXAS COMPANIES AGREE TO PAY $3.5 MILLION FOR CRIMINAL VIOLATIONS OF THE CLEAN AIR ACT AT TWO OIL AND CHEMICAL PROCESSING FACILITIES

Four Texas companies pleaded guilty and agreed to pay a total of $3.5 million dollars for criminal violations of the Clean Air Act at two oil and chemical processing facilities in Texas.



The Information filed in federa

More...   $3500000 (10-12-2016 - TX)

City of Waco v. Kleinfelder Central Inc.

Waco, TX - City of Waco Gets The Verdict In Breach of Contract Lawsuit

The City of Waco sued Kleinfelder Central, Inc. on a breach of contract theory claiming that the Defendant failed to live up to its contract with the City to oversee the remediation of toxic solil from the old Southwest Chemical site at Interstate 35 and Martin Luther King, Jr. It claimed that Kleinfelder failed to pro

More...   $150353 (10-20-2016 - TX)

  VIRGIL JOHNSON and VIRGIL JOHNSON TRUCKING vs. ASSOCIATED MILK PRODUCERS, INC.

The record establishes the following facts as undisputed. On September 1, 2000, Associated Milk Producers, Inc. (AMPI) entered into an oral agreement with Virgil Johnson, the sole proprietor of Virgil Johnson Trucking. AMPI is a cooperative of dairy farmers that receives milk produced by its members, processes the milk into butter and cheese, and sells the dairy products. AMPI contracts with in

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State of Tennessee v. Laurie Lynn Welch and Roland John Welch

Detective Bob Zaiden of the Maury County Sheriff‟s Office, Drug Unit, testified that on July 11, 2012, he received a phone call from a Walgreen‟s pharmacist in Columbia concerning a suspicious purchase of pseudoephedrine pills. Detective Zaiden drove to the store parking lot and observed a young man fitting the suspect‟s description exit the store and get into a small truck with

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United States of America v. John Bertrand Beliveau II

San Diego, CA - Former NCIS Supervisory Special Agent Sentenced to 12 Years in Prison for Taking Bribes from Foreign Defense Contractor in Massive Fraud and Corruption Scandal

Former Naval Criminal Investigative Service supervisory special agent John Beliveau II was sentenced to 12 years in prison for disclosing sensitive law enforcement reports to a foreign defense contractor who was th

More...   $20000000 (10-15-2016 - CA)

William Hatfield v. Damien Eskstrand and City of Tulsa

Tulsa, OK - William Hatfield sued Damien Eskstrand and City of Tulsa on governmental tort claim auto negligence theories claiming to have been injured and/or damaged in a car wreck cause by Eskstrand in Tulsa County, Oklahoma. Plaintiff claimed that the accident occurred when Eskstrand ran into the back of Plaintiff's vehicle.

More...   $2889 (09-15-2016 - OK)

Quentin Thomas Henry, et al. v. Greater Ouachita Water Company

Plaintiffs are contract customers of defendant or household members
of the homes defendant contracted with to provide service. Defendant,
Greater Ouachita Waterworks, Inc. (“Greater Ouachita”), provides water
service to plaintiffs at their homes and/or places of employment. On August
4, 2015, plaintiffs filed a petition for damages and an injunction related to
the water

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BREANN DREW and ZANE DREW, by and through their Father, Natural Guardian, and Next Friend RUSS DREW v. STATE OF KANSAS

On an otherwise quiet Sunday afternoon in May 2007, Kansas Highway Patrol Master Trooper Michael Gruber observed a speeding car and began what ordinarily would be a routine traffic stop. But the driver, Charles Barker, sped away, which resulted in a high-speed chase on I-635 and K-32 (Kansas Avenue) in Wyandotte County. The chase ended when Barker drove into traffic coming from the other direction

More...   $1100000 (10-11-2016 - KS)

CALIFORNIA DEPARTMENT OF WATER RESOURCES v. THE UNITED STATES

In this Contract Disputes Act matter, the California Department of Water Resources, seeks to recover $10,473,957 in damages from the United States Bureau of Reclamation (“USBR”) and the Western Area Power Administration (“WAPA”), as reimbursement for scheduling coordinator charges that the CDWR incurred in connection with its operation of certain water storage and distribution facilities (“Schedul

More...   $0 (10-09-2016 - DC)

State of Colorado v. Nacole Lee Grim

Greeley, CO - Jury Convict's Woman On Two Counts of Vehicular Homicide

The State of Colorado charged Nacole Lee Grim, age 30, with two counts of vehicular homicide caused by reckless driving and one county of recklessly causing third-degree assault as a result of a car wreck on April 15, 2015 that caused the deaths of 39-year-old Andrea Weiss, of Fort Collins, and 34-year-old Dang Mantkho

More...   $0 (10-08-2016 - CO)

WILLIAM DIESER v. ST. ANTHONY’S MEDICAL CENTER

On January 28, 2008, Mr. Dieser was admitted to St. Anthony’s for surgery to
remove a pancreatic pseudocyst. Two days later, Mr. Dieser developed a pressure wound
on his buttocks. The wound developed into a stage IV pressure ulcer extending from the
surface of Mr. Dieser’s skin to the bone. Surgery had to be performed to cut and remove
dead tissue from the wound. Mr. Dieser

More...   $0 (10-05-2016 - AR)

United States of America v. Theodore Nelson, Jr. a/k/a Ted Nelson

Letcher Man Sentenced for Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide

a Letcher, South Dakota, man who was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide after a two day jury trial in April of 2016 was sentenced on September 27, 2016, by U.S. District Judge Lawrence L. Piersol.

Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, was senten

More...   $0 (10-04-2016 - SD)

E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee

More...   $0 (10-03-2016 - TX)

Ace Cash Express, Inc. v. Courtney Cox

Cox was employed by ACE as a “Center Manager.” As part of her “new-hire
paperwork,” Cox signed an arbitration agreement dated February 7, 2012.1 The agreement stated
in a footnote that “[t]his Arbitration Agreement is effective December 1, 2011, and it replaces or
modifies, as applicable, any previous dispute resolution agreements or arbitration agreements in
effect prior to De

More...   $0 (10-02-2016 - TX)

JOSHUA SHAW v. CITY OF OKLAHOMA CITY

According to Plaintiff's petition, he was an off-duty McLoud police officer on December 10, 2012, when he met a female friend, a fellow CLEET trainee, at Henry Hudson's Pub on Memorial Road in Oklahoma City. While eating, Plaintiff and his friend were "discussing going to the gun range and shooting their weapons." An off-duty Village police officer, who was sitting near them, overheard parts of th

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WALTER SCHMUCK V. COMMONWEALTH OF KENTUCKY

Leitchfield Police received complaints about high traffic volume and
unusual activity at David Hicks's home. A confidential informant told police
David Hicks sold hydrocodone and morphine pills from the home. The
informant also told police David Hicks used methamphetamine and David's
nephew, Rickey Hicks, made methamphetamine "inside of a shed outside of the
residence." Po

More...   $0 (09-27-2016 - KY)

SAMANTHA G. HOLLAWAY V. DIRECT GENERAL INSURANCE COMPANY OF MISSISSIPPI, INC.

This bad-faith insurance dispute began as a low-speed automobile
collision in an apartment complex parking lot. The accident involved a vehicle
owned and driven by Harry Sykes III and a vehicle owned by Samantha
Hollaway and driven by Danny Bartlett. Both parties rely on their own
accounts of the series of events leading up to the accident.
According to Hollaway, Bartlett

More...   $0 (09-27-2016 - KY)

GARY MARTIN V. STEPHEN O'DANIEL AND MIKE SAPP V. STEPHEN O'DANIEL AND BOBBY MOTLEY V. STEPHEN O'DANIEL

Stephen O'Daniel is a retired Kentucky State Police (KSP) officer. He was
employed by the Justice and Public Safety Cabinet as Executive Director of the
Office of Investigations when he purchased what was purportedly a 1974
Chevrolet Corvette. After discovering that the vehicle was actually a 1975
Corvette, O'Daniel sought the assistance of Detective Riley of KSP's stolen

More...   $0 (09-26-2016 - IN)

DENNIS L. SMITH vs. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

Smith was formerly employed as a technical writer in the engineering department at ISU. The events of this case cover a time period from approximately 2002 to 2010, when Smith’s position at the university was eliminated. Our prior opinion contains a detailed discussion of the facts. See Smith v. Iowa State Univ. of Sci. & Tech., 851 N.W.2d 1, 4–17 (Iowa 2014). At trial, Smith initially recove

More...   $0 (09-26-2016 - MO)

JHONHENRI JABRILLE LEE v. DIANA CATALINA SALGADO BUENO

On or about October 9, 2014, Plaintiff/Petitioner Jhonhenri Jabrille Lee (Lee) was involved in a motor vehicle collision with Defendant/Respondent Diana Catalina Salgado Bueno (Bueno). Lee was driving a vehicle that was struck from behind by a vehicle driven by Bueno at the intersection of NW Expressway and Blackwelder in Oklahoma City, Oklahoma. The collision pushed Lee's vehicle into the vehicle

More...   $0 (09-23-2016 - Ok)

RACHEL K. PLATT v. KANSAS STATE UNIVERSITY

At the outset, we acknowledge that when a district court has granted a motion to dismiss, "an appellate court must accept the facts alleged by the plaintiff as true, along with any inferences that can reasonably be drawn therefrom." Cohen v. Battaglia, 296 Kan. 542, 546, 293 P.3d 752 (2013). Accordingly, the following facts are those asserted by Platt in her district court petition.
Platt wa

More...   $0 (09-23-2016 - KS)

Ramon Cuevas v. Wentworth Group

Wentworth is a property-management company, and the
Wentworth Group is the parent entity. Michael Mendillo was the
president and chief executive officer of Wentworth and the owner
of the Wentworth Group. In May 2005, Mendillo hired Ramon to
serve as one of Wentworth’s regional vice presidents -- the only
one of Hispanic descent. In that role, Ramon managed high-rise

More...   $0 (09-21-2016 - NJ)

Nathaniel W. Dickey v. State of Indiana

Dickey was in a relationship with Robin Handley. On the evening of April 18,
2015, Dickey was at Handley’s house, and they were drinking, listening to
music, and visiting with Handley’s family. After Handley’s brother left,
Handley told Dickey that he needed to leave because she had to get up early for
an appointment. Dickey knocked Handley to the floor, and he repeatedly

More...   $0 (09-18-2016 - IN)

United States of America v. Navarius Westberry

Lexington, KY - Detroit man admits distributing drugs that caused overdose death of Madison County man

The leader of a drug trafficking organization that brought significant amounts of heroin and fentanyl from Detroit, Mich., to Richmond, Ky., has admitted that he distributed fentanyl that caused the overdose death of a Madison County resident earlier this year.

On Monday, Navari

More...   $0 (08-16-2016 - KY)

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AK Morlan
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