Jacqueline Triplett v. McCourt Manufacturing Corporation and Fund Ways, Inc. a/k/a Tom's Rental-Tops Rental |
On April 23, 2002, Jacqueline Triplett attended a "rally" at her employer's place of business. She was injured when her chair suddenly collapsed and she fell to the ground. She was immediately taken to the hospital by ambulance. The fall caused intense pain in both her back and right leg. The pain continued, and six months later she underwent spinal fusion surgery to correct the problem. This s... More... $725000 (09-20-2007 - IA) |
Sylvia CASAS, Robert Gundling, and Substantively Consolidated Bankruptcy Estates of Fountain View, Inc., as Successor to Summit Care Corp. and Summit Care Texas, L.P. d/b/a Comanche Trail Nursing Center, v. Rosamarie PARADEZ, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza, Deceased |
This appeal involves a medical malpractice survival action brought by the decedent's daughter, Appellee Rosamarie Paradez. The decedent, Tranquilino Mendoza, was eighty-one years old and residing in the Comanche Trail Nursing Center in Big Spring, Texas, when he was injured by his roommate. On appeal, all three appellants, Sylvia Casas, Robert Gundling, and Substantively Consolidated Bankrup... More... $10000000 (09-05-2007 - TX) |
Ginny W. White and Jimmie D. White v. Ford Motor Company and Orscheln Company |
This product liability case arises from the death of threeyear- old Walter White, the son of plaintiffs Ginny and Jimmie White, who was killed when Mr. White's parked Ford F-350 pickup truck rolled over him in the family's driveway. The case is before us for the second time following a remand for a new trial on punitive damages. See White v. Ford Motor Co., 312 F.3d 998 (9th Cir. 2002) ("... More... $2305435 (08-31-2007 - NV) |
Dr. Virendra Charan, et al. v. James L. Bowman, et al. |
The State of Louisiana through the Department of Transportation and Development DOTD appeals a judgment holding it patiially liable for an automobile accident that occurred on a bridge in its care custody and control during adverse weather conditions After a thorough review of the record we reverse. FACTS AND PROCEDURAL HISTORY Early on the foggy morning of January 31 1997 a lif... More... $0 (08-15-2007 - LA) |
Lincoln Smith, et al. v. Brown & Williamson Tobacco Corporation |
Brown & Williamson Tobacco Corporation (B&W) appeals the judgment entered in favor of the survivors of Barbara Smith and against B&W under Missouri's wrongful death statute for claims of personal injury based on negligence and product defect. Section 537.080.(FN1) B&W presents ten points on appeal. B&W asserts in its first five points and ninth point that the trial court erred in denying its mo... More... $0 (08-03-2007 - MO) |
Alcoa, Inc. v. Barbatra Behringer and LeRoy Behringer |
Appellant Alcoa, Inc. appeals the judgment on a jury verdict in favor of appellees Barbara Behringer and Leroy Behringer, for damages sustained after Mrs. Behringer contracted mesothelioma by breathing asbestos dust brought home in the 1950s on her then-husband's work clothes. Under the facts of this case, we conclude Alcoa did not owe a legal duty to Mrs. Behringer. Accordingly, we reverse the... More... $0 (07-28-2007 - TX) |
DYNACQ HEALTHCARE, INC. F/K/A DYNACQ INTERNATIONAL, INC. AND THE CARTER LAWFIRM, V. PROMOD SETH |
Appellee Promod Seth sued appellant Dynacq HealthCare, Inc. f/k/a Dynacq International, Inc. for breach of an employment agreement and a related stock option agreement. The trial court rendered judgment on the jury's verdict that Seth recover $53,000.00 for breach of the employment agreement, $173,688.00 for breach of the stock option agreement, $60,850.00 in attorney's fees for trial, and $17... More... $70000 (07-13-2007 - TX) |
Eric Heckmann v. City of Detroit, et al. |
Defendant City of Detroit appeals as of right the trial court's denial of its motions for directed verdict, judgment notwithstanding the verdict, new trial or remittitur, and several other rulings, in this case brought under the Whistleblowers Protection Act (WPA), MCL 15.361 et seq. Plaintiff Eric Heckmann cross-appeals the trial court's denial of attorney fees. We affirm in both the princ... More... $600000 (07-12-2007 - MI) |
John Gish v. ECI Services of Oklahoma, Inc. |
ΒΆ1 Appellant seeks review of the order of the trial court denying a Motion for New Trial/Remittiter and Judgment Not Withstanding the Verdict (JNOV) filed by Defendant/Appellant ECI Services of Oklahoma, Inc., a subsidiary of Equity Corporation International of Texas now known as SCI Oklahoma Funeral Services, Inc. (ECI) after entry of a $4.5 million jury verdict in favor of Plaintiff/Appellee Jo... More... $0 (05-25-2007 - OK) |
Weeks Marine, Inc. v. Enrique Jose Vela |
Weeks Marine appeals the trial court's judgment awarding damages to Enrique Jose Vela for injuries he sustained in the course and scope of his employment. On appeal, Weeks Marine brings four issues: (1) the trial court should have granted its motion for mistrial because plaintiff's counsel made a racially prejudicial statement before the jury; (2) the trial court should have granted its motion ... More... $0 (05-09-2007 - TX) |
Donna Collier v. City of Oak Grove, Missouri |
This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More... $200000 (04-25-2007 - MO) |
Mark Evans, et al. v. Ford Motor Company, et al. |
Mark Evans sued Ford Motor Company and Ford Motor Credit Company under the Louisiana Products Liability Act, claiming that a defective 1999 Ford Explorer injured him. At the conclusion of a trial, in which a jury found the Explorer's transmission was unreasonably dangerous because of a nonconformity with an express warranty,1 Ford Motor Company moved for judgment in its favor as a matter of ... More... $0 (04-11-2007 - LA) |
Transclean Corporation, et al. v. Jiffy Lube International, Inc., et al. |
Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively "Transclean") brought suit against Bridgewood Services, Inc. ("Bridgewood"), alleging that the automatic transmission fluid changing machine manufactured and sold by Bridgewood, the "T-Tech machine," infringed Transclean's patent. Transclean obtained a judgment in its favor, including a damages award of $1,... More... $0 (03-21-2007 - MN) |
Lang Van Huynh and Sonny K. Huynh vs. Tho Thi Phung |
Appellants, Lang Van Huynh ("Lang") and Sonny Van Huynh ("Sonny") (together "the Huynhs"), appeal from a judgment for fraud and breach of contract in favor of appellee, Tho Thi Phung ("Tho"). We determine whether the trial court erred because (1) the evidence is legally insufficient to support fraud; (2) the award of actual damages was improper; and (3) the award of exemplary damages violated... More... $120000 (02-16-2007 - TX) |
North Beverly Park Homeowners Association v. Jeannette A. Bisno, et al. |
Defendants Jeannette and Robert Bisno (the Bisnos) appeal from an order denying their post-judgment motion to dissolve a permanent injunction.1 This appeal is their second in a lawsuit brought against them by plaintiff North Beverly Park Homeowners Association (the Association). Beginning in 1999, the Bisnos planned to build a home in North Beverly Park, a luxury community in Beverl... More... $0 (02-13-2007 - CA) |
Transclean Corporation, et al. v. Jeffy Lube International, Inc., etc. |
Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson (collectively "Transclean") brought suit against Bridgewood Services, Inc. ("Bridgewood"), alleging that the automatic transmission fluid changing machine manufactured and sold by Bridgewood, the "T-Tech machine," infringed Transclean's patent. Transclean obtained a judgment in its favor, including a damages award of $... More... $0 (01-27-2007 - MN) |
Elena Whitby, et al. v. Infinity Radio, Inc. |
James Crystal Licenses, LLC ("Licenses"), James Crystal Holdings, Inc. ("Holdings"), James Crystal Enterprises, LLC ("Enterprises"), and Elena Whitby ("Whitby") ("Appellants") appeal the trial court's entry of partial summary judgment in favor of Infinity Radio Inc. ("Infinity") on the enforceability of a non-compete covenant, the trial court's grant of a directed verdict in Infinity's favor ... More... $0 (01-26-2007 - FL) |
Donna Collier v. City of Oak Grove, Missouri |
This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More... $0 (10-31-2006 - MO) |
Sylvester Okoro v. City of Oakland |
On February 25, 2002, appellant and his wife, Ava Robinson1, filed a complaint in federal district court against the City of Oakland (City), its police department, police chief, city manager and unnamed police officers, designated as Does 1-100. The complaint alleged causes of action for violation of civil rights (42 U.S.C. §§ 1981, 1983), false arrest and imprisonment, battery, trespass to... More... $0 (08-31-2006 - CA) |
Kevin J. Wood v. Jean G. Bell |
[1] Jean G. Bell appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) granting Kevin J. Wood's motion to alter or amend the judgment and his motion for remittitur following a jury verdict in favor of Bell. The jury found that Bell proved title to the disputed parcel by adverse possession and was entitled to damages for Wood's intentional or knowing trespass an... More... $0 (08-07-2006 - ME) |
Benetta Buell-Wilson, et al. v. Ford Motor Company |
Benetta Buell-Wilson (Mrs. Wilson) brought this action against Ford Motor Company (Ford) and Drew Ford (Drew)1 as a result of the rollover and roof crush of her Ford Explorer (Explorer) that left her a paraplegic. Mrs. Wilson's husband Barry Wilson (Mr. Wilson) brought a claim for loss of consortium against Ford and Drew. A jury found in favor of Mrs. Wilson and Mr. Wilson (together the Wil... More... $82606004 (07-20-2006 - CA) |
Kansas City Power & Light v. Bibb & Associates, Inc., et al. |
This case involves product liability and negligence claims asserted by Kansas City Power & Light Company (KCPL) against Rockwell Automation, Inc. (f/k/a Allen-Bradley Company LLC) based on a defective Troubleshooting Guide and a defective programmable logic controller (PLC). KCPL asserted that defects in the two products caused or contributed to cause a natural gas explosion that destroyed a 12... More... $0 (05-11-2006 - MO) |
Jodie Bullock v. Philip Morris USA, Inc. |
Philip Morris USA, Inc. (Philip Morris), a cigarette manufacturer, appeals a judgment in favor of Betty Bullock awarding her compensatory and punitive damages after a jury trial. Philip Morris challenges the sufficiency of the evidence to support the verdict on several counts based on products liability and fraud, the jury instructions, the admission of evidence, and the punitive damages aw... More... $28000000 (04-25-2006 - CA) |
Murphy Oil USA, Inc. v. Lawrence Wood, et al. |
Defendant-Appellant/Cross-Appellee Trivental, Inc.(*) ("Trivental") appeals from a judgment as a matter of law ("JMOL") in favor of Plaintiff-Appellee/Cross-Appellant Murphy Oil U.S.A., Inc. ("Murphy") on (1) Murphy's breach of contract claim; (2) two of Trivental's breach of contract counterclaims; and (3) Murphy's breach of fiduciary duty claim. Lawrence Wood, an officer of Trivental, also ap... More... $80702 (02-22-2006 - OK) |
Russell Lee Gillogly v. General Electric Assurance Company, aka GE Capital Assurance, etc. |
In these appeals, we interpret a long term care insurance policy that Plaintiff Russell Lee Gillogly ("Gillogly") purchased from a predecessor to Defendant insurer General Electric Capital Assurance Company ("GECA").(*) We REVERSE the district court's grant of summary judgment for Gillogly on his claim that GECA breached its contract with Gillogly when it denied his request for benefits under ... More... $0 (12-14-2005 - OK) |
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