The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...   $0 (11-05-2009 - VA)

Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu... More...   $0 (10-01-2009 - TX)

¶1 This case comes to us on appeal from the district court’s grant of summary judgment in favor of defendant Utah Railway on plaintiff Scott Raab’s negligence claims brought under the Federal Employers Liability Act (“FELAâ€�) and the Federal Locomotive Inspection Act (“FLIAâ€�).1 Raab seeks recovery for injuries suffered when he struck his head on an after-market air conditioning unit in... More...   $0 (09-18-2009 - UT)

This case arises from a tragic accident that led to the death of thirty-five year old Robert Collins (“the Decedentâ€�). In the early morning hours of February 17, 2005, just south of Havre de Grace, Maryland, the Decedent was working as an Electric Traction Lineman for appellee/cross-appellant, National Railroad Passenger Corporation (“Amtrakâ€�), as a member of a five-man crew headquartered ... More...   $0 (08-27-2009 - MD)

Plaintiff,(1) a passenger on a bus owned and operated by Tri-County Metropolitan Transportation District of Oregon (Tri-Met), brought this negligence action against Tri-Met, alleging that she fell from her seat because of the bus driver's negligent operation of the bus. Tri-Met moved for summary judgment under ORCP 47 on plaintiff's claim, and the trial court granted the motion, reasoning that, a... More...   $0 (08-05-2009 - OR)

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning ... More...   $0 (07-29-2009 - NJ)

Eduvigis Diaz appeals from the judgment entered in this personal injury action after a jury found the Los Angeles County Metropolitan Transportation Authority (MTA) and its employee, Omar Forero, were not negligent in connection with injuries Diaz sustained when an MTA bus in which she was a passenger collided with a car stopped in front of it. Diaz contends the court erred in refusing to instruct... More...   $0 (07-20-2009 - CA)

Santa Rosa KM Associates, LTD., P.C. (Santa Rosa), challenges the validity and enforceability of the prepayment provision in a promissory note held by Principal Life Insurance Company and serviced by Principal Real Estate Investors, LLC. (collectively Principal). In its cross-appeal, Principal challenges the district court's denial of attorney fees after Principal was granted summary judgment on S... More...   $0 (05-14-2009 - KS)

J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively “Simplotâ€�) sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively “Chevronâ€�) for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favo... More...   $0 (04-24-2009 - UT)

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by ... More...   $0 (04-08-2009 - NH)

Plaintiffs in this case include the following parties: 1 Regal-Beloit is a non- California corporation with an office in Beloit, Wisconsin that purchased a cargo of electric motors to be shipped from Shanghai, China to Indianapolis, Indiana; Victory is a corporation authorized to do business in California with an office in Ellsworth, Wisconsin that purchased a cargo of fireworks to be shipped from... More...   $0 (02-17-2009 - C)

Firstcom, Inc. (“Firstcomâ€�) appeals the district court’s1 order dismissing all of its claims against Qwest Corporation (“Qwestâ€�). We affirm. 2ILECs are “existing telephone companies, which previously held monopolies,â€� Sw. Bell Tel., L.P. v. Mo. Pub. Serv. Comm’n, 530 F.3d 676, 680 (8th Cir. 2008); see 47 U.S.C. § 251(h), whereas CLECs are “newcomers,â€� Sw. Bell Tel., L.P., 530 ... More...   $0 (02-09-2009 - MN)

This case requires us to determine which federal statute governs “a maritime case about a train wreck,â€� where the parties’ agreement for carriage of goods from China into the United States by sea and then by rail included a Tokyo forum selection clause that would violate one federal law, but would be enforceable under another. See Norfolk S. Ry. Co. v. Kirby, 543 U.S.14, 18 (2004). Regal-Bel... More...   $0 (02-09-2009 - CA)

This case came before the Supreme Court on November 3, 2008, on appeal by the plaintiffs, eight automobile-tow operators authorized to do business in the State of Rhode Island and the Rhode Island Public Towing Association, Inc., a Rhode Island corporation that represents the majority of tow operators in Rhode Island (collectively plaintiffs). The plaintiffs appeal from a Superior Court judgment d... More...   $0 (01-14-2009 - RI)

In this case, Ace Seguros, S.A. (“Aceâ€�) sued Werner Enterprises, Inc. (“Wernerâ€�) to recover the full value of a shipment of lost cell phones under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 (“Carmack Amendmentâ€�). The district court, in a summary judgment ruling in favor of Werner, sustained Werner’s limitation of its liability. Ace appeals. Communicacion... More...   $0 (01-12-2009 - FL)

¶1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Sinclair was an employee of BNSF from 1994 to 2001. In December 2001,... More...   $0 (12-16-2008 - MT)

In the early morning of August 12, 2001, several people were seriously injured, and one man killed, in an automobile accident caused by an intoxicated driver, William Powers (Powers). [FN3] Powers, along with five other men, had attended a bachelor party prior to the accident. To get to the party, the group hired a private carrier, [FN4] Ultimate Livery Service, Inc. (Ultimate), which drove them f... More...   $0 (11-26-2008 - MA)

Plaintiff’s appeal presents two questions never before decided in California:

(1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I, section 17. We answer yes ... More...   $0 (11-14-2008 - CA)

This appeal is from a trial court order prohibiting the defendant Union Pacific Railroad Company (Union Pacific) from compelling plaintiff Carlyle Pratt to attend a medical examination or conducting a disciplinary hearing to terminate Pratt’s employment for refusing to provide it with medical evidence justifying his continued absence from work. In the underlying suit, Pratt filed suit against hi... More...   $0 (11-12-2008 - CA)

Two years ago this Court examined the interplay of two federal statutes that govern the
12 transport of goods from foreign shores to inland delivery points in the United States. See Sompo
13 Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir. 2006). We concluded that, when
14 a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack
1... More...   $0 (11-06-2008 - NY)

These cases arise from a collision involving three tractor-trailers under contract with B-H Transfer Company and being driven in tandem by independent contractors. The last vehicle in line was owned by Dixon Trucking Company, Inc. and was driven by Harry Mitchell Dixon. That tractor-trailer allegedly struck the rear of the middle vehicle, forcing it into the rear of the lead vehicle, which was own... More...   $0 (11-03-2008 - GA)

In this consolidated action involving claims for negligence, wrongful death, and survival damages, the trial court granted summary judgment in favor of defendants Vance Uniformed Protection Services, Inc. (Vance), and Latessa Diamond. Plaintiffs appealed, contending defendants had a duty to protect against criminal conduct where defendants contracted to provide security services. We affirm the jud... More...   $0 (10-31-2008 - IL)

Defendants West Bend Mutual Insurance Company (West Bend), Key Cartage, Inc. (Key), and Terry G. Washington appeal from an order of the circuit court of Cook County granting summary judgment in favor of plaintiff, Zurich American Insurance Company (Zurich), in a declaratory judgment action brought by Zurich to determine insurance coverage. The underlying litigation, a wrongful death action arisin... More...   $0 (10-07-2008 - IL)

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

Zeddrick White (“White�) appeals pro se the district court’s order granting Mayflower Transit, L.L.C.’s (“Mayflower�) motion to dismiss his second amended complaint. We affirm.

I

This case arises out of an agreement between White and Mayflower, in which Mayflower agreed to ship White’s per- 12730 WHITE v. MAYFLOWER TRANSIT sonal effects from New York to Los Angeles. Whi... More...   $0 (09-16-2008 - CA)