Res Ipsa Loquitur Law
 
Cary R. Wollenweber v. Hawkins Enterprises, Inc. d/b/a The Mattress Superstore and Scott Hawkins

Cary R. Wollenweber appeals the trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. d/b/a The Mattress Superstore (“Hawkins Enterprises”) and Scott Hawkins (together, the “Defendants”). Wollenweber raises seven issues, which we consolidate and restate as follows:

I. Whether the trial court erred in denying Wollenweber’s motion for partial summary

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Karolyn Handke v. McBride, Lock & Associates

Karolyn Handke appeals the district court’s1 dismissal for failure to exhaust her discrimination complaint against her former employer. After careful de novo review, see Coons v. Mineta, 410 F.3d 1036, 1039 (8th Cir. 2005), we affirm. We agree with the district court that Handke’s lawsuit was untimely filed more than 90 days after she received a right-to-sue letter on her June 2009 charge, whi

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Harriett Ellis v. CCA of Tennessee, L.L.C.

The plaintiffs in this case are former nurses who worked in the health care unit of a privately run jail. They maintain that their employer, defendant CCA of Tennessee LLC (“CCA”), subjected them to racial discrimination and a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. They also allege that their employment relationship ended when

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City of San Antonio v. James Caruso

This is an interlocutory appeal arising out of a suit for back pay and monetary benefits brought by the San Antonio Airport Police Officers Association and thirty-two airport police officers (“Appellees”). The City of San Antonio appeals the partial denial of its plea to the jurisdiction. We affirm the trial court’s judgment.

BACKGROUND



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Christus Health Quality Infusion Care, Inc.

Christus Health Services, d/b/a Uniform Services Family Health Plan (Christus) manages a network of medical and healthcare providers in east Texas and western Louisiana. The health plan is for active and retired members of the Armed Services, their families, and survivors. Quality Infusion Services (Quality) provided medical services to several Christus members referred to it by a specialist in

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Barbara Lagace v. Bay Regional Medical Center

In this fraudulent concealment, negligence and medical malpractice case, plaintiff Barbara Lagace appeals as of right from the trial court’s grant of defendants Bay Regional Medical Center (BRMC) and Ginny Weaver’s motion for summary disposition pursuant to MCR 2.116(C)(7). We affirm.

On June 21, 2001 orthopedic surgeon Dr. Brian deBeaubien performed bilateral knee replacement surgery o

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JEFFREY MARK ZARING v BLAKE DAVIS,* Warden, Federal Prison

Jeffrey Zaring, a federal prisoner proceeding pro se, appeals the denial of his 28 U.S.C. § 2241 petition. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. * Pursuant to Fed. R. App. P. 43(c)(2), Davis is substituted for former warden Ron Wiley. ** The case is unanimously ordered submitted without oral argument pursuant to Fed. R. App. P. 34(a)(2) and 10th Cir. R. 34.1(G). This order a

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MISTY RALEY v HYUNDAI MOTOR COMPANY

Can you appeal a final judgment rendered against someone else? Especially when you aren’t a named party to the lawsuit and voluntarily left the case long ago? At least generally, and specifically in this case, the answer is no. Misty Raley brought this lawsuit against Hyundai alleging that a car it manufactured was defectively designed and responsible for injuries she suffered in an accident. Bu

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Stephen Andersen v. Pauline Hunt

Plaintiffs and respondents Stephen Andersen (Stephen) and Kathleen Brandt (Kathleen) are the children of decedent Wayne Andersen (Wayne), who died April 28, 2006.1 Plaintiff John Andersen (John), not a party to this appeal, is Stephen‟s son and Wayne‟s grandson. Appellant Pauline Hunt (Pauline) was Wayne‟s long-term romantic partner. Taylor Profita (Taylor) is Pauline‟s grandson.

In

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Henry Hamilton v. Greenwich Investors XXVI, LLC

The trial court sustained a lender‟s demurrer to the borrower‟s complaint for breach of contract, fraud and statutory violations in connection with the lender‟s foreclosure of the mortgage loan on the borrower‟s home. The borrower‟s failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from li

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Marshall Howard d/b/a Four Seasons Automotive v. The Burlington Insurance Company, and McClelland & Hine, Inc.

Appellant, Marshall Howard d/b/a Four Seasons Automotive, appeals from trial court judgments in favor of appellees, The Burlington Insurance Company (TBIC) and McClelland & Hine, Inc. (MHI). In two issues, Howard contends the trial court erred in granting the no-evidence and traditional motions for summary judgment filed by TBIC and MHI. We affirm the judgments of the trial court.

I. FACTUA

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Jacqueline Kay Koelm v. William Walter Koelm

Appellant Cynthia Ulett Lynch appeals pro se from the trial court's order granting summary judgment in favor of appellee State Farm Mutual Automobile Insurance Company. Lynch sued State Farm for damages arising out of an automobile accident in which a vehicle driven by a State Farm insured allegedly struck Lynch while she was walking in a parking lot. State Farm filed a motion for summary judgment

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CHARLES G. MEDICINE BLANKET v HOYT BRILL, Warden, K.C.C.C.

The district court granted Charles G. Medicine Blanket a certificate of appealability (“COA”) to challenge the dismissal of his 28 U.S.C. § 2254 habeas application on exhaustion grounds. The court concluded that Mr. Medicine Blanket failed to exhaust certain due process claims in his state post-conviction proceedings, but it granted a COA because another district judge reached a contrary conc

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Tracy R. Smith v. Robert F. Hines, M.D.

On October 19, 2005, the plaintiff/appellant, Tracy R. Smith (Smith/patient), a field officer with the Oklahoma City Police Department, sought the care of the defendant/appellee, board-certified orthopedic surgeon, Dr. Robert Hines (Dr. Hines/doctor/surgeon), after suffering "problems" with her left knee and hearing it "pop" when she walked downstairs or squatted. Smith was diagnosed with chondrom

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Vick Allen Hubbard v. Kaiser-Francis Oil Company

1 This cause presents questions of first impression in Oklahoma law: (1) whether a judgment in favor of a defendant triggers the application of 12 O.S. Supp. 2002, � 1101.1(B);1 (2) whether a judgment that has been appealed and remanded negates a defendant's offer of judgment made prior to the appeal; (3) when is a judgment final for purposes of � 1101.1(B); and (4) must an offer of judgment b

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David L. Caldwell v. Thomas W. Cometto

Appellants challenge the district court’s refusal to allow the removal of trees within and adjacent to an access-road easement in favor of Appellants running over property belonging to their neighbors, the Comettos. Because there is substantial evidence that the trees do not unreasonably hinder maintenance or snow removal, the district court’s order is affirmed. The district court’s denial o

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Florence Crowe v. Ziegler Coal Company

In this case, Petitioner Florence Crowe, the widow of Harold D. Crowe, a coal miner formerly employed by Respondent Zeigler Coal Company (“Zeigler”), seeks review of a decision of the Benefits Review Board (“BRB”) of the United States Department of Labor (“DOL”) affirming a decision of an Administrative Law Judge (“ALJ”) to modify an award of benefits to Mr. Crowe under the Black L

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Syl Johnson, also known as Sylvester Thompson v. Cypress Hill, et al.,

Syl Johnson, an American blues and soul singer—well known in the 1960s and 1970s for his exploration of African-American identity and social problems—wrote a song entitled, “Is It Because The song is available at: 1 http://www.youtube.com/watch?v= zKfZYgHm8So (last visited May 17, 2011). 2 The members of Cypress Hill—Lawrence Muggerud, Senen Reyes, and Louis Freese—are also named defenda

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Voice of the Arab World, Inc., v. MDTV Medical News Now, Inc.

In this appeal, plaintiff-appellant Voice of the Arab World, Inc. ("VOAW") challenges the district court's interlocutory order granting defendant-appellee MDTV Medical News Now, Inc.'s ("Medical News Now") motion to preliminarily enjoin VOAW from the use, sale, or promotion of the mark "MDTV," or formative versions of that mark on the Internet, in connection with medical-related informational or e

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Texas Tech University Health Science Center v. William C. Williams

In two issues, Texas Tech University Health Science Center (TTUHSC), Appellant, appeals from the trial court's denial of its motion to dismiss, which alleged that William C. Williams, (Williams), Appellee, failed to timely name TTUHSC as a governmental-unit defendant under Section 101.106 of the Texas Tort Claims Act, and thus deprived the trial court of subject-matter jurisdiction. We reverse.

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Raymond Moore v. Vital Products, Inc.

Raymond Moore sued Vital Products, Incorporated (“Vital”) in federal district court.

He alleged racial and sexual discrimination, a hostile work environment, and retaliation, all in violation of Title VII, and retaliatory discharge in violation of the Illinois Workers’ Compensation Act (“IWCA”). Vital moved for summary judgment on all counts, which the district court granted. Vita

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Raymond Moore v. Vital Products, Incorporated

Raymond Moore sued Vital Products, Incorporated (“Vital”) in federal district court.

He alleged racial and sexual discrimination, a hostile work environment, and retaliation, all in violation of Title VII, and retaliatory discharge in violation of the

Illinois Workers’ Compensation Act (“IWCA”). Vital moved for summary judgment on all counts, which the district court g

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Farouk Abadir v. Mark H. Dellinger

This case comes before us on appeal for essentially a third time.1 The current appeal is by the plaintiffs below, Farouk Abadir, Hosny Gabriel, Ricardo Ramos, Alfredo Rivas, Michael Vega and Huntington Anesthesia Group, Inc. (“Appellants”) from a November 19, 2009, order of the Circuit Court of Cabell County granting a motion to dismiss filed by the defendants below, Mark Dellinger and the law

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Sandria Sheldon v. Unknown Nurse/Staff of Trinity Mother Frances Hospital Tyler

After Sandria L. Sheldon failed in three successive motions to have the trial judge recused from presiding over her health care liability claim, that judge dismissed her claim. On appeal, Sheldon challenges the three recusal denials and the dismissal. We affirm the judgment of the trial court because (1) denying Sheldon’s initial motion to recuse was not an abuse of discretion, (2) Sheldon wai

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Texas Department of Public Safety v. Hugo Rodriguez and Maria Rodriguez

This interlocutory appeal arises from a personal injury lawsuit brought by Hugo Rodriguez and Maria Rodriguez as a result of an automobile collision with a vehicle driven by an officer of the Texas Department of Public Safety. The trial court denied DPS’s plea to the jurisdiction, which was based on the defense of official immunity for its officer, Sergeant Parker. On appeal, DPS contend

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AK Morlan
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