City of Wilson Development Commission v. Lila Ruth Boykin, d/b/a Lila Ruth Proctor, etc., et al. |
Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm. |
United Automobile Insurance Company v. Mariela Colon |
Florida common law did not recognize bad faith claims by an insured against the carrier, holding instead that the insured was limited to breach of contract damages and attorneys fees. In 1982 the Legislature amended section 624.155 to provide that bad faith damages recoverable under the statute “shall include those damages which are a reasonably foreseeable result of a specified violation of thi $0 (09-24-2008 - FL) |
Ken Hamlin v. Hampton Lumber Mills, Inc. |
Defendant appeals a judgment awarding plaintiff $175,000 in punitive damages for defendant's failure to comply with ORS 659A.043(1) when it did not reinstate plaintiff as an employee after he had recovered from a work-related injury. (1) Defendant makes two assignments of error: (1) the trial court erred in denying its motion for a directed verdict on plaintiff's claim for punitive damages, and (2 $0 (09-21-2008 - OR) |
Countrywide Home Loans, Inc. v. Gerald Thitchener, Katrina Thitchener, Steven Lamb and Kaitlyn Thitchener |
This appeal and cross-appeal from a district court order in a breach of contract and tort action arising from improper foreclosure proceedings involve several compensatory and punitive damage award issues. With respect to compensatory damages, since respondents/cross-appellants’ actual losses did not exceed the damages that they incurred to their real and personal property, we conclude that the $0 (09-11-2008 - NV) |
Joe Riddell v. Steve & Diane Bell |
Steve and Diane Bell appeal from the trial court's judgment awarding damages against the Bells and allowing remedial action on Joe Riddell's property. The Bells raise four points on appeal. They contend that the trial court erred in measuring damages based on the cost of repair; in awarding damages they claim were barred for Mr. Riddell's failure to mitigate his damages; in refusing their request $0 (09-19-2008 - MO) |
Platypus Wear, Inc., et al. v. Martin Goldberg |
In October 2004, Platypus Wear, Inc., PW Industries, Inc. (collectively Platypus), Alexandra Ponce de Leon, and Sylvia Offner Caira, filed a complaint against Luce Forward Hamilton & Scripps, and two of its attorneys, Kevin A. Cahill and Timothy R. Pestotnik (collectively Luce Forward), Baker & McKenzie, and two of its attorneys, Charles H. Dick and Peter W. Ito, Laurens Offner (Laurens), and Mart $0 (09-05-2008 - CA) |
JCB, Inc. v. Union Planters Bank, N.A. and Machinery, Inc. |
JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t $1087500 (08-26-2008 - MO) |
Steve Chapman, Pat Chapman and Judy Chapman, Chapman Dairy, Inc. v. New Mac Electric Cooperative, Inc. |
Steven Chapman, Pat Chapman, Judy Chapman, and Chapman Dairy, Inc. (collectively, "Appellants"), brought suit against their electric company, New Mac Electric Cooperative, Inc. ("Cross-Appellant"), for stray voltage, and against Alfa Laval Agri, Inc. ("Alfa Laval"), the company that designed and installed a new set of milking parlor equipment in 1997.(FN1) The jury found that Cross-Appellant had $793017 (08-15-2008 - ) |
Arthur D. Dyyer, et al. v. Blackhawk Leather LLC, Transporation Technologies Industries, Inc., E.Z. Paintr, Litton Systems, Inc., and Ispat Inaldn Mortgage Acceptance Corporation |
¶1 BROWN, C.J. This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill’s operator, is still pending in the circuit court, and is not before us in this appeal. Rat $0 (08-12-2008 - WI) |
Service Corporation International, et al. v. Estela Aragon, et al. |
Estela Aragon, individually and on behalf of her minor son Christian Aragon, and Erica Aragon, Rebecca Aragon Rizo, and Stephen Aragon filed suit against Service Corporation International; SCI, Texas Funeral Services, Inc. d/b/a Sunset Memorial Gardens; and Sunset Memorial Gardens and Funeral Home (SCI collectively). Plaintiffs alleged that defendants improperly buried Osbaldo “Obie” Aragon, $275000 (08-08-2008 - TX) |
Ackerly and Brown, LLP v. Richard Smithies, et al. |
The defendant Maura C. Smithies1 appeals from the judgment, rendered after a court trial, in favor of the plaintiff, Ackerly & Brown, LLP. On appeal, Maura Smithies claims that the court improperly concluded that expert testimony was required for her claim of legal malpractice. We disagree and, accordingly, affirm the judgment of the trial court. |
Juliann Stiffler v. Continental Insurance Company |
The principal issue in this appeal is whether, in an action to recover underinsured motorist benefits, offer of judgment interest awarded pursuant to General Statutes (Rev. to 2005) § 52-192a (b)1 is based on the amount of the jury verdict (verdict amount), or on the amount of the judgment thereon after the trial court orders a remittitur due to the limits of the plaintiff’s underinsured motori $0 (07-22-2008 - CT) |
Alverene D. Butler v. Alabama Department of Transportation, et al. |
Alvarene Butler is black and Karen Stacey is white. They both worked for the Alabama Department of Transportation. One work day in January of 2005 they were going to lunch together. Stacey was driving a pickup truck, and Butler was the only passenger. |
Jeremy Flax, et al. v. DaimlerChrysler Corporation, et al. |
On June 30, 2001, Rachel Sparkman and her eight-month-old son, Joshua Flax, were passengers in a 1998 Dodge Grand Caravan (“the Caravan”) operated by Ms. Sparkman’s father, Jim Sparkman. Ms. Sparkman was seated in a captain’s chair directly behind the driver’s seat. Joshua Flax was restrained in a child safety seat in the captain’s chair directly behind the front passenger’s seat, wh $23000000 (07-26-2008 - TN) |
Kirk Crawford, et al. v. Weather Shield Mfg. Inc. |
Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere $131274 (07-21-2008 - CA) |
Sharlynn Rhode v. Roberto Milla, et al. |
The principal issue in this appeal is whether a nonparty witness’ invocation of the privilege against self-incrimination pursuant to the fifth amendment of the United States constitution1 constitutes admissible evidence in a civil case. The defendants, Roberto Milla and Rutila Enamorado, appeal2 from the judgment of the trial court in a personal injury action rendered after a jury trial in favor $0 (07-22-2008 - CT) |
Chapman Lumber, Inc. v. Clifford L. Tager |
These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour $0 (07-22-2008 - CT) |
Morrison Knudsen Corporation v. Ground Improvement Techniques, Inc. |
Morrison Knudsen Corporation (“MK”), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. (“GIT”) for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court $0 (07-14-2008 - CO) |
IHC Health Services, Inc. v. D & K Management, Inc. |
1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t $0 (06-20-2008 - UT) |
Anton Mandros, et al. v. Glenn Prescod, M.D., et al. |
This case came before the Supreme Court for oral argument on April 8, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are of the opinion that cause has not been shown and that the case should $0 (06-03-2008 - RI) |
Larua L. Roberson v. Linda D. Coker Weston |
Linda Coker Weston appeals a jury verdict awarding Laura Roberson $185,000 in damages for injuries sustained in an automobile accident. Weston's appeal raises three points: (1) the trial court erred in permitting Roberson's trial counsel to ask the venire panel if anyone had an interest in or worked for Allstate Insurance Company, sometimes referred to as the "insurance question"; (2) the trial co $185000 (04-29-2008 - MO) |
Norman Pelletier, et al. v. Sordoni/Skanska Construction Company |
This appeal arises out of the remand order in Pelletier v. Sordoni/Skanska Construction Co., 264 Conn. 509, 527, 825 A.2d 72 (2003), in which we held that an injured employee of an independent subcontractor may bring an action in negligence against the general contractor if the employee can establish a legal and factual basis for the general contractor's liability. Upon remand, the negligen $0 (04-26-2008 - CT) |
Khorshid, Inc. d/b/a Taxi Dallas v. Uche Christian |
This case involves the alleged conversion of an automobile belonging to appellee Uche Christian. See Footnote 1 Uche brought this action against five defendants (the "defendants"): Khorshid, Inc., d/b/a Taxi Dallas ("Taxi Dallas"); Darya Inc., d/b/a Executive Taxi ("Executive Taxi"); Zyba, Inc., d/b/a Golden Cab ("Golden Cab"); and individuals Barry Sangani and Nasser Mansourian, co-own $0 (04-15-2008 - TX) |
Uintah Basin Medical Center v. Leo W. Hardy, M.D. |
1 This case comes before us on appeal from the district court's grant of summary judgment. Defendant Dr. Leo W. Hardy argues that the district court erred when it held that Uintah Basin Medical Center ("UBMC") had just cause to terminate his contract. Because we agree, we reverse the district court's grant of summary judgment and remand for further proceedings consistent with this opinion. $0 (02-22-2008 - UT) |
MAN Aktiengesellschaft, et al. v. DaimlerChrysler, AG, et al. |
The state is not a party to the underlying dispute between plaintiffs and defendants in this case but asserts that it has an interest under ORS 31.735 in the jury's award of punitive damages. The state has appealed from a supplemental judgment dismissing the case that the trial court entered as part of a settlement between plaintiffs and defendants. As part of entering the supplemental judgment, t $0 (03-11-2008 - OR) |
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