Amerace Corporation v. Gary E. Stallings, et ux. |
Respondent Gary E. Stallings and his wife brought a personal injury action against Amerace Corporation ("Amerace"),1 and on June 13, 1998, the jury awarded the Stallingses a verdict of $1 million,2 but found Stallings' employer 60% at fault. On June 22, 1998, Amerace filed a renewed motion for directed verdict, motion for judgment notwithstanding the verdict, or in the alternative, motion for $600000 (07-12-2002 - FL) |
Louis J. Rasse, Respondent/Appellant v. GE Capital Small Business Finance Corporation |
GE Capital Small Business Finance Corporation ("GE") appeals from the trial court's judgment in favor of Louis J. Rasse on Rasse's breach of contract and fraudulent misrepresentation claims and on GE's counterclaim for misrepresentation. Rasse cross-appeals. GE raises five points on appeal. GE's first point on appeal is that the trial court erred in submitting Rasse's claim for breach of contract $975000 (07-09-2002 - MO) |
Edward Cohen v. Yale-New Haven Hospital, et al. |
The principal issue in this appeal is whether the plaintiff, having accepted a remittitur with regard to one component of noneconomic damages in a negligence action, may nevertheless appeal the propriety of the trial court's rulings with regard to other components of noneconomic damages. We also address the issue raised in the defendant's cross appeal, namely, whether the trial court proper $375000 (07-09-2002 - CT) |
Jim Aken v. Plains Electric Cooperative & Transmission Cooperative, Inc. |
{1} In this punitive damages case, we are asked to assess jury awards in favor of Jim Aken and against Plains Electric on Aken's claims for retaliatory discharge and defamation. We conduct an analysis on procedural and substantive levels and affirm the jury awards. FACTS {2} On July 28, 1993, Aken had worked for Plains for nine years. He had been selected employee of the mo $300000 (06-05-2002 - NM) |
Matthew Scott, et al. v. SSM Healthcare St. Louis, et al. |
Defendant SSM Healthcare St. Louis, d/b/a St. Joseph's Health Care Center in St. Charles ("Hospital") appeals from the judgment in the action of plaintiffs Matthew Scott and his mother, Josephine Scott, against Hospital for medical malpractice. Plaintiffs' claims against Hospital asserted vicarious liability based on the conduct of one of its employees, Dr. Aziz Doumit, and the conduct of Dr. Rich $4445000 (01-29-2002 - MO) |
The Guides, Ltd. v. The Yarmouth Group Property Management, Inc., et al. |
Plaintiffs Tseghe Foote and The Guides, Ltd., d/b/a The Africa House (hereinafter Africa House) brought a civil rights action against defendants The Yarmouth Group Property Management, Inc., and Tabor Center Associates, L.P., alleging the defendants had violated 42 U.S.C. § 1981, and had intentionally interfered with Africa House's prospective business advantages in conjunction with the defendants $75317 (07-03-2002 - CO) |
Wilma McGrane v. Saks, Inc. |
Wilma McGrane brought this action against her former employer, Younkers, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34, and the Iowa Civil Rights Act, Chapter 216 of the Iowa Code. Following a week-long trial, a jury returned a verdict in favor of McGrane on the gender discriminati $0 (06-10-2002 - IA) |
N.T. Development, Inc., et al. v. Bob Peterson, et al. |
This case has resulted from a business dispute between the parties adversely situated in this appeal. Final judgment was entered after a jury trial in the 211th District Court of Denton County, Texas. Appellants N.T. Development, Inc., Debbie Arber, Joseph W. Edge, Hy-Pro Chemical Products, Inc., Mecca Enterprises, Inc., Edgewood Farms, Inc., and Finding reversible error in the trial court' $1921 (06-07-2002 - TX) |
Carolyn Slocum vs. Firstar Bank of Cedar Rapids, f/k/a The Merchants National Bank of Cedar Rapids |
Defendant Firstar Bank of Cedar Rapids, f/k/a Merchants National Bank of Cedar Rapids,[1] appeals, and plaintiff Carolyn Slocum cross-appeals, from a judgment for Slocum following trial on her action for conspiracy and conversion based on the repossession of her vehicle. The bank contends (1) it was entitled to a directed verdict on the conspiracy claim because it had no knowledge of any forgery $186200 (05-31-2002 - IA) |
Michael Piscitelli v. Robert Friedenberg |
Robert Friedenberg appeals a judgment and orders denying his motion for judgment notwithstanding the verdict (JNOV) and partially granting a new trial following a jury verdict finding Friedenberg committed negligence in connection with his legal representation of Michael Piscitelli. Piscitelli retained Friedenberg's law firm to pursue claims against his employer, Prudential Securities, Inc. (Pr $0 (03-14-2001 - CA) |
Florence Krondes, et al. v. William O'Boy, Sr., et al. |
The defendants William O’Boy, Sr., and his wife, Carmela B. O’Boy, appeal, and the plaintiff Florence Krondes1 cross appeals from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff. On appeal, the defendants2 argue that the court improperly refused to set aside the verdict because the automatic stay pursuant to 11 U.S.C. § 362 voided $0 (05-21-2002 - CT) |
Nichole Doe, et al. v. Thames Valley Council of Community Action, Inc., et al. |
This civil action concerns claims for damages for alleged sexual assaults of preschool girls by their school bus driver. At trial, none of the girls was available as a witness because none remembered any of the alleged assaults. The principal issue on appeal is the admissibility, under the residual exception to the rule against hearsay, of the testimony of third party interviewers who spoke $526600 (05-21-2002 - CT) |
Jonathan Neil & Associates, Inc. v. Freddie Jones, et al. |
This appeal and cross-appeal follow a judgment in favor of a trucking company and its owners, and against the company’s assigned-risk liability insurer. We find the facts do not support a tort cause of action for breach of the duty of good faith and fair dealing and that the trial court erred when it failed to stay proceedings while the parties exhausted administrative remedies before th $0 (05-15-2002 - CA) |
Charles and Ginger Foster v. Catalina Industries, Inc. |
Plaintiffs sought damages for the wrongful death of their son, Conor Foster. He was electrocuted and died on November 10, 1995, when he touched a floor lamp at his home. Aside from damages, the only issue presented in the jury trial was which of the Defendants imported the lamp which the parties agree was defective. The jury returned a verdict against Defendant-Appellant Catalina Industries, Inc. $15000000 (08-07-2001 - MO) |
Bennie Whitehead v. Food Max of Mississippi, Inc., et al. |
Paul S. Minor appeals an order imposing sanctions for his execution of a judgment at a Kmart retail store. Concluding that the trial court erred in its interpretation and application of Rule 62(f) of the Federal Rules of Civil Procedure, we reverse. Background A woman and her daughter were abducted from Kmart's parking lot. The offenders raped the victim while holding her child at knife-poin $0 (01-11-2002 - MS) |
Andaloro v. Armstrong World Ind., Inc., et al. |
This matter is before the Court on cross-appeals from judgments entered for the plaintiffs in five asbestos cases consolidated for trial. The respective plaintiffs, Charlotte Andaloro, James J. and Francis L. Greenhalgh, Edward C. and Doris Burkett, Ralph and Elizabeth Swan, and Harold and Marion Ruby (collectively “Plaintiffs”), assert that the trial court erred in molding the ve $0 (04-26-2002 - PA) |
Linda McRae v. St. Michael's Medical Center, et al. |
In this medical malpractice case, the podiatric surgeon, Dr. Thomas Vitale, appeals from the trial court's denial of his motion for a new trial and denial of his motion for remittitur of the jury award for future lost wages.See footnote 11 He also seeks a remand for an amended form of judgment limiting the date from which pre-judgment interest must be calculated in accordance with a prior order. P $1175000 (04-08-2002 - NJ) |
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 $255000 (04-17-2002 - FL) |
Coralyn Anne Brown v. Lester E. Cox |
Coralyn Anne Brown (Brown) prevailed on her claim that her former employer, Lester E. Cox Medical Centers (Cox), discriminated against her in violation of the Americans with Disabilities Act of 1990 (ADA). The district court1 denied Cox's motion for judgment as a matter of law, but granted Cox's motion for a new trial or remittitur. After Brown avoided a new trial by accepting a remittitur, th $50000 (04-17-2002 - MO) |
Carol Collins v. Colonial Penn Insurance Company, et al. |
This case requires that we address the manner in which a trial court treats an uninsured motor-ist settlement in relation to a subsequent award of dam-ages by a jury for a single indivisible injury by joint tortfeasors. The plaintiff, Carol Collins, was injured in a multicar accident, and brought an action against the defendants, Raymond A. Sardinas and Raymond D. Sar-dinas, 1 and her unins $0 (08-28-2001 - CT) |
Cindy Robinson v. State Farm Mutual Automobile Insurance Company |
State Farm Mutual Automobile Insurance Company appeals the district court’s judgment entered upon a jury verdict of approximately $9.6 million dollars arising from a complaint of bad faith in the handling of a claim by its insured, Cindy Robinson. The Court issued an opinion in this case on December 28, 2000 (Robinson I). State Farm Mutual Automobile Insurance Company petitioned the Cour $0 (04-11-2002 - ID) |
Thomas Schmidt, et al. v. Ameritech Illinois, et al. |
Thomas Schmidt, while on disability leave from Ameritech for an injury unconnected to his employment, lied to his employer at least three times about going on a fishing trip. The employer then sought to determine his whereabouts by an intense investigation which included the examination and use of his personal telephone records. After being discharged, Thomas, his wife and his wife's employer file $0 (04-05-2002 - IL) |
Diane Mancini v. Township of Teaneck, et al. |
Plaintiff, Diane Mancini, was the trailblazer by being the first female police officer in Teaneck. This appeal and cross- appeal arise out of her claims of sexual harassment and retaliation by the Teaneck Police Department. Plaintiff filed a sexual harassment and retaliation suit against defendants, Township of Teaneck ("Township"); the Teaneck Police Department ("Department"); Donald Gianno $625000 (04-03-2002 - NJ) |
APAC-Mississippi, Inc. v. James Lee Goodman |
1. B.A.S., the general contractor for the construction of the Junction Shopping Center in Jackson, Hinds County, Mississippi, entered into a subcontract with APAC-Mississippi, Inc., for the installation of the shopping center's asphalt parking lot. APAC decided to spread hydrate lime over the soil for stabilizing purposes prior to laying the asphalt, so it contracted with Falco Lime, Inc., to deli $0 (01-31-2002 - MS) |
Freddie McCollum, et al. v. Robert McDaniel, et al. |
Freddie McCollum, his wife, and his daughter brought suit against the defendants under 42 U.S.C. S 1983 and state law alleging, inter alia, excessive use of force. The case proceeded to trial. The jury returned a verdict of over $4.1 million against the defendants. The district court denied the defendants' motion for a new trial, but remitted the jury's damages award, which the plaintiffs ac $1597670 (03-26-2002 - MD) |
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