Earnest Stanberry, Jr. v. Escambia County Florida |
Invoking nuisance, trespass and negligence theories, Ernest Stanberry’s complaint alleged, and the jury found, that Escambia County was responsible for his house’s flooding, when heavy rainfall caused a retention pond nearby to overflow. After the jury returned a verdict of $600,000 in his favor, he sought a permanent injunction requiring the County to take certain steps to prevent... More... $255000 (04-17-2002 - FL) |
Daniel Martins and Coleen Martins vs. Interstate Power Company. |
Daniel Martins and Coleen Martins (Martins) filed a petition at law seeking damages from Interstate Power Company (Interstate) caused by stray voltage. The petition asserted claims under strict liability, negligence, trespass, and nuisance. Two weeks before trial, Martins dismissed all claims except the claim of nuisance. A motion for summary judgment filed by Interstate, asserting that a claim ... More... $700000 (04-10-2002 - IA) |
Daniel Martins and Coleen Martins vs. Interstate Power Company. |
Daniel Martins and Coleen Martins (Martins) filed a petition at law seeking damages from Interstate Power Company (Interstate) caused by stray voltage. The petition asserted claims under strict liability, negligence, trespass, and nuisance. Two weeks before trial, Martins dismissed all claims except the claim of nuisance. A motion for summary judgment filed by Interstate, asserting that a claim ... More... $700000 (04-10-2002 - IA) |
Sheri Foster v. Denton Independent School District, et al. |
In 1990, Foster began working as an elementary school teacher at Wilson Elementary School in the Denton Independent School District. A year later, Honeywell installed an HVAC system in the school and was required by contract to maintain and monitor the system, as well as change the filters four times a year. 2 During her tenure at Wilson Elementary, Foster began experiencing recurrent head... More... $0 (03-29-2002 - TX) |
Ruben Garza v. U.S. Bureau of Prisons |
Ruben Garza, personal representative for the Estate of Gloria Garza Regalado (hereinafter referred to as either "the Estate" or "Garza"), appeals from the district court's1 dismissal of the Estate's wrongful death suit against the United States Bureau of Prisons (Bureau). The district court held that the suit was barred by the Federal Tort Claims Act's two-year statute of limitations, 28 U.S.C... More... $0 (03-27-2002 - AR) |
Delores Kitchen, et al. v. TTX Company |
In late 1997, three African-American females filed suit against TTX Corporation alleging race and sex discrimination, retaliation and intentional infliction of emotional distress./1 The gravamen of the plaintiffs' complaint was that TTX employed discriminatory practices in the training and promotions of employees. On December 2, 1997, the plaintiffs filed an amended complaint joining eig... More... $70006 (03-26-2002 - IL) |
Morris, et al. v. Douglas County Board of Health, et al. |
Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health (the “Board of Health”), Douglasville-Douglas County Water and Sewer Authority (the “Authority”), and Peter Frost, the Authority’s executive director, alleging that the defendants had failed to maintain and repair the Morrises’ septic system... More... $0 (03-25-2002 - GA) |
Louis Schneider v. County of San Diego, et al. |
Louis Schneider appeals the district court's order awarding prejudgment interest and refusing to award nominal damages. After Schneider successfully sued the County of San Diego and Gregory Reynolds, dba Reybro, Inc. (collectively, the "County") for violation of the Takings and Due Process Clauses of the Fifth Amendment under 42 U.S.C. § 1983, the district court awarded Schneider "prejudgmen... More... $0 (03-21-2002 - CA) |
Sherry K. Smith, as Personal Representative of Mary K. Ross and as guardian of Kristian K. Ross v. Lagow Construction & Development Company et al. |
[1.] A tenant was murdered when hired killers used a key to enter her apartment. Shortly before her death, she told two apartment employees that one of her keys was missing. According to her mother, the tenant also asked to have her lock changed. Landlord policy prohibited tenants from changing their own locks and required a fee to change them. When the tenant's estate sued, the circuit court ... More... $0 (03-20-2002 - SD) |
Unionamerica Insurance Co., Ltd. v. Nufab Corp. t/d/b/a Gothum, et al. |
Terminal Industrial Corporation and Mount Corporation (hereinafter jointly referred to as Terminal) owns several warehouses in Philadelphia, Pennsylvania. Terminal leased the eighth floor of one of the warehouses as a restaurant and night club to Eighth Floor, Inc. Subsequently, Terminal leased the ground floor of an adjacent warehouse it owned to Nufab Corporation, trading as Gothum (herein... More... $0 (03-19-2002 - PA) |
HUD/WILLOW STREET APARTMENTS v. MARGARITA GONZALEZ |
The defendant1 in this summary process action, Margarita Gonzalez, appeals from the trial court’s judgment of possession in favor of the plaintiff, HUD/Willow Street Apartments. Resolution of this appeal requires us to construe two separate and distinct but similarly numbered statutes. The first statute we refer to, General Statutes § 47a-23, applies to evictions generally. The second... More... $0 (03-19-2002 - CT) |
Mark Johnson and Monica Johnson v. Marion Township, Rudy Sturzenbecher, Bruce Haase and Greg Ludens |
[1.] Mark and Monica Johnson (Johnson) requested a declaratory judgment and a permanent injunction preventing the Marion Township (Township) from requiring the removal of trees in the township road right-of-way abutting their property. The trial court denied Johnson’s claim. We affirm. Facts [2.] The Township Board (Board) passed a resolution in 1993 requiring all landowner... More... $0 (03-13-2002 - SD) |
Richard Parker v. Casa Del Rey-Rapid City, Inc. |
[1.] Richard Parker was injured while making a delivery from his truck to Casa del Rey in Rapid City, South Dakota. A jury awarded Parker $290,000 for his damages resulting from the fall. Casa del Rey appeals. We affirm. FACTS [2.] On December 21, 1995, Parker, an experienced truck driver, was making deliveries for Nobel/Sysco Company. As he progressed into his route, Parker stopped... More... $290000 (02-27-2002 - SD) |
Donaldson v. Central Illinois Public Service Company |
This is a toxic tort case. Plaintiffs are the parents of four children suing, on their own behalf and on behalf of their children, inter alia, Central Illinois Public Service Company (CIPS), the owner of a former manufactured gas plant in Taylorville, Illinois (Site). The plaintiffs alleged that certain acts or omissions by CIPS, and three of its contractors, during the cleanup of the Site caused ... More... $3200000 (02-22-2002 - IL) |
James W. Sikes, et al. v. Teleline, Inc., et al. |
American Telephone & Telegraph Corporation ("AT&T") appeals the district court's certification, pursuant to Fed. R. Civ. P. 23(b)(3), of a class of plaintiffs who present claims arising from a "900-number" telemarketing program. We conclude that the district court abused its discretion in holding that the questions of law or fact common to the members of the proposed class predominate over any que... More... $0 (02-13-2002 - GA) |
Buck Hill Falls Company v. Clifford Press and Elizabeth L. Sawyer |
1 These are cross-appeals from a final decree dated April 16, 2001, in the Monroe County Court of Common Pleas granting, in part, the request of Appellant, Buck Hills Falls Company, for a permanent injunction to stop Appellees, Press and Sawyer, from maintaining chickens on their property. Appellees cross-appeal the trial court's order limiting the number of chickens on their property to fiv... More... $0 (01-28-2002 - PA) |
Woodside Village condominium Association, Inc. |
We have for review Woodside Village Condominium Ass’n, Inc. v. Jahren, 754 So. 2d 831 (Fla. 2d DCA 2000), which expressly and directly conflicts with White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979), Flagler Federal Savings & Loan Ass’n v. Crestview Towers Condominium Ass’n, Inc., 595 So. 2d 198 (Fla. 3d DCA 1992), and Seagate Condominium Ass’n, Inc... More... $0 (01-03-2002 - FL) |
Stephen Young, et al. v. Bryco Arms, et al. |
Plaintiffs are the surviving relatives of five individuals who were shot and killed in Chicago by juveniles with access to handguns. The defendants are various manufacturers, distributors and dealers of handguns. Three complaints, filed separately, were consolidated for the purpose of this appeal: (1) Stephen Young filed a complaint on behalf of his son, Andrew Young, who was killed on the s... More... $0 (12-31-2001 - IL) |
Second Amendment Foundation, et al. v. United States Conference of Mayors, et al. |
In this action, firearm consumers and others, alleging deprivation of their First, Second, and Ninth Amendment rights, bring civil conspiracy claims against the mayors of twenty-two cities that filed damage actions against gun manufacturers and dealers. The question presented in this appeal is whether the mayors, none of whom resides in the District of Columbia, subjected themselves t... More... $0 (12-21-2001 - DC) |
DOUGLAS and BETH LUHNOW, et al. v. Eugene Horn, et al. |
The facts most favorable to the Luhnows follow. The Luhnows own property in Fulton County that is drained by the Starr Tile Drain (“Starr Drain”) and the Troutman Hogan Tile Drain (“Troutman Drain”). On May 13, 1996, the Drainage Board entered into a contract with Horn to replace the tile on the Starr and Troutman Drains, and the Luhnows were assessed for the replacements. ... More... $0 (12-20-2001 - IN) |
Dale Hurst, et al. v. Herman Holland, et al. |
The appellants in this case are Dale Hurst and Donny Hurst, who are trustees of the Glen Cox Residual Trust, and who farm tracts of land in Randolph County known as the Cox Trust Estate and the Cherry Estate. The appellees are Herman Holland and other members of his family (collectively referred to simply as "Holland,") who own and farm the tract of land directly south of the Cox Estate. In 1... More... $0 (12-13-2001 - AR) |
Joe Mackey and Judy Mackey v. Jeff Griggs |
Jeff Griggs ("Appellant") appeals from a judgment against him for a violation of a restrictive covenant for the use of a lot in the Prairie Heights Mini Estates subdivision. Joe and Judy Mackey ("Respondents"), who have owned the lot next to the lot in question since 1984, brought a suit for nuisance and a violation of a restrictive covenant. Respondents abandoned the claim of nuisance as no evide... More... $0 (12-07-2001 - MO) |
Marketing and Creative Support Services, Inc. v. Ellison-Auxier Architects, Inc. |
Marketing and Creative Support Services, Inc., appeals the summary judgment of the Circuit Court of Buchanan County for the respondent, Ellison-Auxier Architects, Inc., on the appellant's petition seeking damages for trespass and conversion.(FN1) The appellant's claims against the respondent arose out of the removal and replacement of a jointly-owned wall located between the appellant's property a... More... $0 (12-04-2001 - MO) |
Daniel Raymond Stephenson, et al. v. Dow Chemical Co., et al. |
This appeal requires us to determine the effect of the Supreme Court's landmark class action decisions in Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997), and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), on a previously settled class action concerning exposure to Agent Orange during the Vietnam War. Daniel Stephenson and Joe Isaacson are two Vietnam War veterans who allege that they were ... More... $0 (11-30-2001 - NY) |
Kam Yee v. Jason Oliver |
Trespass with damage to trees on plaintiff's property by adjacent property owner and tree trimming company. Plaintiff claimed that Jason Oliver hired Carrillo Garden & Tree Service to cut the tops off of trees on plaintiff's property in order to get a better view of the ocean. Defendant Oliver claimed that he did not know that Yee owned the trees and that they were a nuisance.... More... $39000 (11-30-2001 - CA) |
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