Res Ipsa Loquitur Law
 
Lennon Anderson v. Vanguard Car Rental USA, Inc.

Lennon Anderson appeals a final order dismissing his complaint against Vanguard Car Rental (“Vanguard”) with prejudice based on the doctrine of res judicata. The trial court had found that Anderson’s complaint involved the same parties and issues as a federal complaint that h a d been dismissed with prejudice. Although Anderson had originally included state law claims in his federal complain

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Roberta Santini, M.D. v. Cleveland Clinic Florida

In this matter, we undo a series of egregious wrongs perpetrated upon the appellants, all of which were compounded by the assertion of frivolous defenses of numerous and patently erroneous trial court orders. Dr. Roberta Santini appeals an order enforcing a charging lien filed by her former attorney, Bartley C. Miller. She asserts that Miller forfeited his rights to compensation pursuant to a cont

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Kevn Q. v. Lauren W.

The litigation between these parties began some four years ago, in March 2007, when Kevin Q. filed a petition to be declared the father of Lauren W.‟s son under the Uniform Parentage Act (UPA) (Fam. Code, § 7600 et seq.).1 The trial court entered a paternity judgment in Kevin‟s favor, which we reversed. (Kevin Q. v. Lauren W. (2009) 175 Cal.App.4th 1119.)

In this appeal, Lauren challen

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Jacqueline Hammer v. Fred Meyer Stores, Inc.

Defendant appeals from a judgment on a jury verdict for plaintiff in this premises liability action arising from personal injuries that plaintiff suffered while shopping in one of defendant's stores. In two assignments of error, defendant challenges the trial court's denial of its directed verdict motion and the giving of a res ipsa loquitur instruction to the jury. We affirm.

In reviewing

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Geaniece D. Carter v. AMC, LLC

Geaniece Carter rented anapartment at Riverstone Apartments in Bolingbrook,Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court re

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Carol Gantt v. Ruby Getz

Appellant Carol Gantt filed this suit against her former husband, Jerry Gantt, as well as Ruby Getz, individually, Alan J. Getz, deceased, by and through Ruby Getz, as Independent Executrix, Ram Enterprises, Inc., Getz Family Partnership, Ltd., Sign Services & Products, Inc., Signs By Sun-Up, Inc., C&G Classic Cars, Inc., Architectural Signage Corp. of America, American Novelty Co., Piedmont Contr

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Killam Ranch Properties, Ltd. v. Webb County, Texas

This appeal arises from Killam Ranch Properties, Ltd.’s (“Killam”) claim that Webb County violated the Texas Local Government Code and the Texas Open Meetings Act when it sold county-owned acreage and easements to Khaledi Properties, Ltd. (“Khaledi”). Killam filed suit against Webb County seeking a declaration the sale was void because of the statutory violations. Killam also filed a lis

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Ceaniece D. Carter v. AMC, LLC

Geaniece Carter rented an apartment at Riverstone Apartments in Bolingbrook, Illinois. AMC, LLC, managed the building on behalf of its owner, Jackson Square Properties. AMC filed suit in state court to have Carter evicted. (AMC’s name at the time was American Management Consultants, LLC; we use its current name in this opinion.) The trial court entered an eviction order but the appellate court r

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Davina Kelly v. Church of God in Christ, Inc

This is an appeal from a summary judgment for the Church of God in Christ, Inc. (COGIC) in this suit arising from a pastor’s alleged acts toward a parishioner. In two issues, Davina Kelly, the former parishioner, contends that the trial court erred by granting both no-evidence and traditional summary judgments for COGIC. We affirm.

Background Facts

Kelly sued COGIC for

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Garrett Operators, Inc., and George Thomas Cox v. City of Houston

Appellants Garrett Operators, Inc. and George Thomas Cox appeal the trial court’s grant of appellee City of Houston’s plea to the jurisdiction on all of appellants’ claims and of the City of Houston’s objections to appellants’ discovery requests and deposition notice. In five issues, appellants argue the trial court erred by (1) dismissing Garrett Operators’ inverse condemnation claim

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Cheryl A. Kendrick v. Holly L. Pippin

This case arises out of an automobile accident that occurred in winter driving conditions. At trial, a jury found that the defendant, Holly Pippin, was not negligent in causing the accident in which her vehicle struck that of the plaintiff, Cheryl Kendrick. Kendrick appealed to the court of appeals, asserting that three decisions by the trial court were in error: (1) the decision to instruct the j

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Ed Winterhalder v. Burggraf Restoration, Inc.

¶1 Gale and Carolyn Davis appeal the judgment entered by the district court in favor of Burggraf Restoration, Inc., on the ground that the Davises' claim was barred by previous litigation between these parties. Because it cannot be determined from the record on appeal whether the Davises' claim is barred, we reverse and remand to the district court for further proceedings consistent with this Opi

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Concorde Resources Corporation v. Kepco Energy, Inc.

¶1 The plaintiff, Concorde Resources Corporation (Concorde), appeals an order granting summary judgment to the defendants, Kepco Energy, Inc. (Kepco), Williams Production Mid-Continent Company (Williams), and Mahalo Energy (USA), Inc. (Mahalo), and to the defendants, Pyle, Carey & Collie, Inc. (PCC), Smith, Smith and Smith, a general partnership (Smith) and Nancy Jackson Dawson (Dawson).1 This ap

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Hilda Solis v. Laurelbrook Sanitarium and School, Inc.

Acting on a tip from a concerned citizen, the Wage and Hour Division of the U.S. Department of Labor commenced an investigation into potential child labor violations committed by Laurelbrook Sanitarium and School, Inc. (“Laurelbrook”). After concluding that Laurelbrook had violated the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (“FLSA” or “Act

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Jerry Adkins et al., v. Vim Reycling Inc., K.C. Industries, LLC and Kenneth R. Will

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district court in this cas

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Unite Here Local 30 v. Department of Parks and Recreation

In 2004, following a competitive bidding process, defendant California Department of Parks and Recreation (DPR) awarded real parties in interest Delaware North Companies Parks & Resorts, Inc. (DNCPR), and Delaware North Companies Parks & Resorts at San Diego (DNCPRSD) (hereafter collectively Delaware North) a contract to operate a concession at the Old Town San Diego State Historic Park for a peri

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Unite Here Local 217 v. Sage Hospitality Resources, d/b/a Renaissance Providence Hotel

Appellant Sage Hospitality Resources ("Hotel") seeks review of a district court order compelling it to submit to arbitration a dispute over the meaning of ambiguous language in the duration clause of a neutrality agreement between the Hotel and appellee UNITE HERE Local 217 ("Union"). As the parties agreed to a broad arbitration clause that unambiguously encompasses their dispute, we hold that the

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Jimmy Ervin Anderson v. Hollie Marie Anderson

Following a bench trial, the court granted the motion of appellee Hollie Marie Anderson Carranza to modify the parent-child relationship. The court named Carranza and appellant Jimmy Ervin Anderson joint managing conservators of the couple’s two children and expanded Carranza’s terms of possession.

In two issues, Anderson challenges the sufficiency of the evidence to suppor

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General Agents Insurance Company of America, Inc. v. Ahmed El Naggar

Appellant General Agents Insurance Company of America, Inc. (“Gainsco”) challenges the trial court’s rendition of partial summary judgment in favor of appellees Ahmed El Naggar and El Naggar Fine Arts Furniture, Inc. (collectively “El Naggar”) in El Naggar’s suit against Gainsco to recover insurance proceeds. Gainsco contends that the trial court erred in granting El Naggar’s partia

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Calvin Monasco v. Gilmer Boating and Fishing Club

The Gilmer Boating and Fishing Club (the Club) is a private, unincorporated association[1] located in Upshur County, formed for the purpose of “conducting and maintaining the same as a pleasure resort for the benefit of its members and their families and friends while promoting good environmental practices.” The Club has thirty shares of stock, apparently a majority of which were issued to c

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Charlene Fullerton Tigert v. Franklin Templeton Bank & Trust, et al.

In this probate case, we construe contract language respecting the designation of beneficiaries for retirement accounts. Appellant, Charlene Fullerton Tigert (“Charlene”), appeals the trial court's declaratory judgment declaring the estate of her late husband Tommy F. Tigert (“Tommy”) the beneficiary of three retirement accounts. In six issues, Charlene contends: (1) the trial court erred

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City of North Richland Hills v. Home Town Urban Partners, Ltd.

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental

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American International Industries, Inc. v. Phillip Scott

Appellant, American International Industries, Inc. (“AII”), appeals the trial court’s summary judgment in favor of appellees, Phillip Scott, Surgicare, Inc., and Keith G. LeBlanc (collectively, “Surgicare”). In four issues, AII argues that the trial court erred in (1) granting Surgicare’s traditional motion for summary judgment on its res judicata defense and on AII’s claims for bre

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Rafael Vargas v. Enterprise Leasing Company, etc., et al.

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Vargas v. Enterprise Leasing Co., 993 So. 2d 614 (Fla. 4th DCA 2008). In its decision, the district court ruled upon the following question certified to be of great public importance:

DOES THE GRAVES AMENDMENT, 49 U.S.C. § 30106, PREEMPT SECTION 324.021(9)(b)2, FLORIDA STATUTES (2007)? Id. at

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Felix Baca v. Los Lunas Community Programs and State Risk Management Division

{1} Felix Baca (Worker) was awarded workers’ compensation benefits for the care and treatment of post traumatic stress syndrome (PTSD), which he developed as a result of a sexual assault suffered during the course and scope of his employment. Los Lunas Community Programs (Employer) and State Risk Management Division (Insurer) (collectively, Defendants) appeal from the order of the workers’ com

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