Toxic Tort Law
 
Brenda Ann Schwartz v. Accuratus Corporation

The issue in Olivo was “whether a landowner can be liable
for injuries allegedly caused from asbestos exposure experienced
by the wife of a worker who had performed welding and steam
fitting tasks that brought him into contact with asbestos on the
landowner’s premises.” Id. at 398-99. Based on the facts as
presented in Olivo’s summary judgment record and considerations <

More...   $0 (07-09-2016 - NJ)

Jeffrey Lee Butler v. Tulsa Public Schools

Tulsa, OK - Jeffrey Lee Butler sued the Tulsa Public Schools on an auto negligent governmental tort claim theory under 51 O.S. 151, et seq. claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Dawn Arleen Clough on West 91st Street on January 27, 2015.

More...   $18000 (06-08-2016 - OK)

JASON WORCESTER v. SPRINGFIELD TERMINAL RAILWAY COMPANY

On October 6, 2011, Springfield reported a leak of
hydraulic fluid to the Maine Department of Environmental
Protection. At that time, the plaintiff, Worcester, was an
employee of Springfield. He became involved in a dispute with his
supervisor about the safety implications of cleaning up the spill
and was eventually fired. He then brought suit against Springfield
u

More...   $400000 (06-30-2016 - ME)

TIGER v. VERDIGRIS VALLEY ELECTRIC COOPERATIVE


On January 9, 2008, a field engineer for Verdigris Valley Electric Cooperative (Employer) met with a contract electrician for Integrated Service Company LLC (INSERV) in Catoosa, Oklahoma, concerning the installation of additional underground electrical service. They discussed the location of the additional service to the building and decided to use an existing junction box which the engineer

More...   $0 (06-23-2016 - Ok)

Helen L. Hyde v. The Roman Catholic Bishop of Providence; Jeffrey Thomas v. The Roman Catholic Bishop of Providence

The plaintiffs filed complaints in Providence County Superior Court against the Roman
Catholic Bishop of Providence (defendant), alleging that Father Brendan Smyth sexually abused
them on numerous occasions, beginning in 1967 until approximately 1970. The plaintiffs
alleged that the acts of abuse visited upon them all occurred while Smyth was under defendant’s
supervision. At

More...   $0 (06-22-2016 - RI)

Meredith Huffman v. Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc.

On May 16, 2010, an unidentified black male broke into Aiken's Orangeburg facility. Shortly thereafter, a white Ford F-150 truck was seen leaving the facility's parking lot. The next day, Mark Goss, Aiken's Loss Control and Safety Coordinator, viewed the surveillance video and advised Deputy Maurice Huggins of the Orangeburg County Sheriff's Department that several pounds of solid copper and sever

More...   $0 (06-22-2016 - SC)

CJY Investment, L.L.C., et al. v. United Central Bank, et al.

Appellants, CJY Investment, L.L.C., Young Hee Chung, and Chun W. Chung, sued
appellees, James D. Yoo, Ki Na, Chong Na, Chan Chan Investment, L.L.P., Na Family
Corporation, and United Central Bank for fraud, fraud in the inducement, fraud by
nondisclosure, bank fraud, and conspiracy. The trial court granted summary judgment for
appellees.
Appellants raise four issues on ap

More...   $0 (06-21-2016 - TX)

Misty Darlene Tiger v. Verdigris Valley Electric Cooperative

¶1 The issue in this matter is whether summary judgment was properly granted to decedent's employer pursuant to Parret v. UNICCO Service Co., 2005 OK 54, 127 P.3d 572. Because material issues of fact remain in dispute, this cause must be remanded to the trial court for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶2 On January 9, 2008, a field engineer f

More...   $0 (06-21-2016 - OK)

Amanda Gilreath, et al. v. Chattanooga-Hamilton County Hospital Authority, et al.

On February 1, 2011, Amanda Gilreath presented to Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System (“Erlanger”) in Chattanooga, Tennessee, complaining of low back pain, an inability to urinate, and numbness of her lower extremities. She advised the medical providers, including the nurses and emergency room physicians, that she had received a diagnosis of cauda equina sy

More...   $0 (06-21-2016 - TN)

NELSON v. ENID MEDICAL ASSOCIATES, INC

In a medical malpractice action we are asked to review orders excluding testimony from plaintiffs' two expert witnesses and a summary judgment granted to defendants based upon the excluded testimony. We conclude the testimony should not have been excluded. We reverse the orders of the District Court excluding the testimony and granting summary judgment, and remand the cause for further proceedings

More...   $0 (06-14-2016 - Ok)

McGowan v. United States

On June 4, 2007, following his conviction in the United States District 
Court for the District of Oregon on multiple counts of arson, attempted arson, 
and conspiracy to commit arson, McGowan was sentenced principally to eighty
four months’ incarceration. On December 11, 2012, he was transferred to 
Brooklyn House Residential Reentry Center (“RRC”) to serve the remainder of 

More...   $0 (06-14-2016 - NY)

Ronnie Gordon v. Tractor Supply Company

On May 14, 2009, two men purchased almost $9,000 of merchandise from a Tractor Supply Company (“Defendant”) store in Lenoir City, Tennessee by passing a forged check. The next day, Jim Sewell, the District Manager, and other employees who were present were informed that the check had been dishonored by the bank because the name on the check and the account number for the bank did not match.

More...   $0 (06-13-2016 - TN)

United States of America v. Southco Enterprises, Inc. and James Alexander

Dallas, TX - Southco Enterprises, Inc. of Sherman, Texas, Ordered to Pay Penalties and Fines After Admitting it Unlawfully Stored Hazardous Waste

The President and Chief Executive Officer of Southco Enterprises, Inc. of Sherman, Texas, James Alexander, who pleaded guilty last month on behalf of the corporation to a one-count Information charging treating, storing or disposing of hazardou

More...   $0 (06-08-2016 - TX)

Mary Kerr v. Peak Medical Oklahoma No. 3, Inc. d/b/a Forest Hills Care and Rehabilitation Center

Tulsa, OK - Mary Kerr and Estate of John Kerr, Deceased on behalf of all wrongful death survivors, sued Peak Medical Oklahoma No. 3, Inc. d/b/a Forest Hills Care and Rehabilitation Center, Sun Healthcare Group, Inc., Genesis Healthcare, LLC, Sunbridge Healthcare Corporation, Peak Medical Corporation on wrongful death medical negligence theories claiming:

I. The facts which give rise

More...   $0 (05-05-2016 - OK)

Tomeka Handy, Individually, as Administratrix for The Estate of Willie Handy, and on Behalf of the Wrongful Death Beneficiaries for Willie Handy v. Madison County Nursing Home

Handy filed her complaint for wrongful death on October 4, 2012, individually and
in her capacity as the administratrix of the estate of her mother, Willie Handy, who was a
resident of the nursing home from August 25, 2008, through the date of her death on April
12, 2011. The suit was filed on behalf of all the decedent’s wrongful death beneficiaries.
Handy alleged that the defenda

More...   $0 (06-10-2016 - MS)

Tristan Crayton v. State of Indiana

After leaving an Indianapolis nightclub in the early morning hours of August 2,
2013, Matthew Williams and Andrew Allen had a verbal confrontation on
Broad Ripple Avenue outside the nightclub. Crayton, who had been with
Williams inside the nightclub, tried to defuse the situation. An Indianapolis
Metropolitan Police Department reserve officer working security at a restaurant

More...   $0 (06-09-2016 - IN)

DES MOINES FLYING SERVICE, INC. vs. AERIAL SERVICES INC.; CEDAR VALLEY AVIATION, LLC; and KIRK P. FISHER

On February 20, 2009, Cedar Valley Aviation, a wholly owned subsidiary of Aerial Services, Inc. (ASI), brought a Piper 522AS (Cheyenne II) in for maintenance to Des Moines Flying Service, Inc. (DMFS). Among numerous other checks and repairs, DMFS noted both the pilot’s and copilot’s windshields were “delaminated” and installed new windshields. The replaced windshields were original to the aircra

More...   $0 (06-09-2016 - IA)

Jean Dedmon v. Debbie Steelman, et al.

Jean and Fred Dedmon (collectively, ―Plaintiffs‖) filed this lawsuit against John T. Cook, seeking to recover for injuries arising out of a car accident. Plaintiffs alleged that Mrs. Dedmon incurred medical expenses totaling $52,482.87, and they attached her medical bills to the complaint. Defendant Cook filed an answer specifically denying that the medical bills attached to the comp

More...   $0 (06-06-2016 - TN)

Fleury v. IntraWest Winter Park Operations Corp

In this case, we determine whether an avalanche that occurs within the bounds
of a ski resort qualifies as an “inherent danger[] and risk[] of skiing” under the Ski
Safety Act of 1979, §§ 33-44-101 to -114, C.R.S. (2015) (the “SSA” or “Act”). If so, the
statute would preclude skiers from bringing claims against ski area operators for
injuries resulting from these kinds of aval

More...   $0 (06-02-2016 - CO)

United States ex rel. O’Donnell v. Countrywide Home Loans, Inc

This case arises in the context of the post-financial-crisis restructuring of the Full Spectrum Lending Division (“FSL”) of Countrywide Home Loans. Prior to the events at issue in this case, FSL had been the subprime lending division of Countrywide; after the collapse of the subprime market in 2007, Countrywide undertook a transformation of FSL into a prime origination division with the goal of se

More...   $0 (05-30-2016 - )

State of Vermont v. David G. Buckley

Defendant’s claims of error require a detailed review of the evidence presented at
trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s
property in Bennington, Vermont. The property is located across the street from the police
station, and it is bisected by two public roads. Defendant lives on the property with his brother,
Peter Buckle

More...   $0 (05-29-2016 - VT)

State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal calls upon us to decide whether V.S.A. § 462 creates an exemption from the general six-year limitation for the State of Vermont’s claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of
limitations, the trial court dismissed the State’s claims ins

More...   $0 (05-29-2016 - VT)

Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin

More...   $0 (05-24-2016 - CO)

Edward Marrion Jones v. Metropolitan Tulsa Transit Authority

Tulsa, OK - Edward Marrion Jones sued the Metropolitan Tulsa Transit Authority on a governmental tort claim negligence theory under 51 O.S. 151, et seq. claiming to have been injured and/or damaged in a bus wreck caused by Defendant's driver. Plaintiff claimed to be a passenger on a MTTA business and was injured in the driver slammed on the breaks on the bus to avoid an accident.

More...   $0 (04-01-2016 - OK)

AMERICAN BIOMEDICAL GROUP, INC. v. TECHTROL, INC.

This legal battle began in 2006 when American Biomedical Group, Inc. (ABGI) and ABG Cattletraq, LLC (Cattletraq) filed a petition in the district court against Techtrol, Inc. and William Ardrey (Defendants); Defendants then filed a counterclaim. ABGI and Cattletraq dismissed their claims and causes of action against Defendants (without prejudice), leaving Defendants' counterclaim pending. Two year

More...   $0 (05-19-2016 - OK)

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AK Morlan
Kent Morlan, Esq.
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