Res Ipsa Loquitur Law
 
The Traditional Cat Association, Inc., et al. v. Laura Gilbreath, et al.

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication ar

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Eugene Waddell, etc. v. Tital Insurance Company, Inc.

1 Titan Insurance Company, intervenor below, appeals from the judgment entered by the trial court against Titan's insured, Edward Rodriguez, in favor of Eugene Waddell, natural father and next friend of Carmen Jude Waddell, and Christopher Araiza (collectively "Plaintiffs"). We affirm the judgment against Rodriguez. We also hold that Titan is entitled to challenge the reasonableness of

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City of Lodi v. Randtron

In this consolidated appeal, defendant Randtron, a dissolved corporation, appeals from the summary judgment and mandatory injunction issued in favor of plaintiff, the "People of the State of California." However, since the City has no authority to act in the name of the People, we shall refer to plaintiff as the City of Lodi (hereafter the City).1

The injunction requires Randtron to

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Aqualine Associates, Ltd. Partnership v. Genesis Health Ventures, Inc., et al.

In August 2002, Aqualine filed this lawsuit against Genesis Health Ventures, Inc. asserting a claim for tortious interference with economic relations. Aqualine based its complaint on Genesis' alleged interference with Aqualine's attempt to sell a nursing home in 1996, and Aqualine alleged that this interference continued from 1996 to the date the complaint was filed. Genesis moved for dism

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Anna Rocco, et al. v. Mary Garrison

In this action to recover damages for injuries suffered in a motor vehicle accident, the plaintiffs, Anna Rocco and Joseph Rocco, appeal1 from the judgment of the trial court rendered in favor of the defendant, Mary Garrison. In granting the defendant's motion for summary judgment, the trial court concluded that the action had not been brought within two years of the date of the accident

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Timothy Kirk Colvin v. Christine Renee Colvin

The district court granted Christine Renee Colvin ("Vickrey") (1) a protective order against Timothy Kirk Colvin after their divorce. Finding that Colvin had committed family violence and that there was a potential for more violence, the district court restricted Colvin's contact and communication with Vickrey and their child. Colvin contends that the district court erred by granting the protec

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Michael Finley, et al. v. Saturn of Roseville, et al.

In this wrongful termination action, plaintiffs appeal from a final judgment, which confirms a contractual arbitration decision in favor of defendants. Plaintiffs contend that the trial court erred in compelling arbitration, because the arbitration agreement contained a one-sided provision that required a written arbitration decision and a right to appeal only where the arbitration awar

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Jack and Loretta Becker v. St. Charles Boat & Motor Inc

Jack and Loretta Becker ("the Beckers") appeal the judgment of the Circuit Court of St. Charles County granting St. Charles Boat & Motor, Inc.'s ("SCBM") Motion for Judgment on the Pleadings and dismissing their suit for replevin, conversion and quantum meruit on the basis of res judicata. We affirm.

Statement of the Facts and Proceedings Below
In October 1996, J

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Chandler (U.S.A.), Inc., National American Insurance Company, etc. v. Terry J. Tyree, et al.

1 The substantive issue in this proceeding involves whether the Commissioner of the State Insurance Fund1 was required to provide workers' compensation insurance to a company who competes with the Fund in providing workers' compensation insurance. Plaintiffs, three insurance entities with common ownership, Chandler (U.S.A.), National American Insurance Company, and Lagere & Walkingstick Insuran

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Patrick C. Arvia v. Lisa Madigan, Attorney General, et al.

At issue in this appeal is the constitutionality of section 11-501.8 of the Illinois Vehicle Code (625 ILCS 5/11-501.8 (West 2000)), commonly referred to as the "zero tolerance law." Generally, the zero tolerance law provides that any driver under the age of 21 who tests positive for the presence of alcohol or refuses testing upon a police officer's proper request is subject to summary suspensi

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Jones, Waldo, Holbrook & McDonough, et al. v. David G. Cade

David G. Cade appeals from the district court's grant of summary judgment and disbursement of funds in favor of appellees. Cade argues that the district court erred by (1) failing to manifest substantial justice in the administration and disposition of this case; and (2) deciding six motions for summary judgment in favor of appellees when material questions of fact remained. Exercising jurisdic

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Laura Jackson and Dale Jackson v. American Equity Insurance Company

This case presents questions about the duty a liability insurer owes its insured when personal injury plaintiffs make a policy limits settlement demand. A jury ultimately returned a special verdict for the liability insurer following a trial of the insured's bad faith claim against the insurer. We hold that it was not error, under the circumstances of this case, to decline to give the trial

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Jesus Alejandro v. Robstown Independent School District, et al.

Appellant, Jesus Alejandro, was terminated from his position as the Assistant Superintendent for Business and Finance with the Robstown Independent School District ("RISD"). Appellant sued the following appellees: RISD; Leobardo Cano, individually and in his official capacity as RISD's Superintendent of Schools ("Superintendent Cano"); and Adolfo Lopez and Oscar Lopez, individually and in their

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Patsey Jean Johnson v. Wayne Ventling

This is a case of a marriage that wasn't. Appellant Patsy Jean Johnson challenges: (1) the jurisdiction of the trial court to grant appellee Wayne Ventling's motion to vacate a decree of divorce between the parties; and (2) the trial court's denial of Johnson's motion to enforce contractual alimony terms of the decree. To avert criminal prosecution for collecting, throughout her thirteen-year c

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George Liska v. The Arns Law Firm

May a client who loses a binding fee arbitration conducted pursuant to the mandatory fee arbitration statute (MFA), Business and Professions Code section 6200 et seq.,1 file a subsequent action against the attorney predicated on the same allegations of misconduct or breach of contract that formed the basis of the fee dispute? We hold that the client may do so, but that the client may not

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Rhoda Tomasco v. The Estate of Donald Joe Tomasco, Sr., et al.

Appellant, Rhoda Tomasco, appeals the take-nothing judgment rendered against her by the trial court notwithstanding the jury verdict in her favor. We affirm.

BACKGROUND

Rhoda and Donald J. Tomasco (Don Sr.) were married in 1959. Three children, Don Jr., Karen, and Kirkland, were born to the marriage. Don Sr., an architect, became involved in land development and investmen

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Dan McCarthy v. Ozark School District

These consolidated appeals involve the application of an Arkansas statute that requires the immunization of Arkansas schoolchildren against Hepatitis B. Ark. Code Ann. § 6-18-702(a).2 The district courts3 held that the statute's religious beliefs immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which the parent or guardian

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Yohannes Habtemicael v. John D. Ashcroft

Petitioner Yohannes Habtemicael seeks asylum and withholding of deportation, as well as relief under the Convention Against Torture (Convention). The immigration judge denied relief, and the Board of Immigration Appeals affirmed without opinion. Habtemicael appeals. We affirm the denial of asylum and withholding of deportation, but we remand Habtemicael's claim under the Convention for fur

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Juliff Gardens, L.L.C. v. Texas Commission on Environmental Quality

Appellant Juliff Gardens, L.L.C. (Juliff) appeals from a district-court judgment in favor of the Texas Commission on Environmental Quality (the Commission). While Juliff had an application to build a landfill in Brazoria County pending before the Commission, the legislature enacted H.B. 2912, a portion of which is codified as section 361.122 of the Texas Health and Safety Code. (1) The provisio

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DEPARTMENT OF HUMAN SERVICES v. CHISUM

1 The Oklahoma Department of Human Services (DHS) appeals from an order granting Billy Jo Chisum's motion to vacate a support order that was based upon his execution of an affidavit of paternity. The trial judge concluded Chisum established a material mistake of fact under 10 O.S.Supp.1999 §70. We reject DHS' arguments that §70 may not be applied under the circumstances of this case and affirm

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Charles Eversole v. Woods Acquisition, Inc., d/b/a Bill Woods Ford

Woods Acquisition, Inc. d/b/a Bill Woods Ford ("Woods") appeals from a judgment awarding Charles Eversole $12,000 on claims for breach of implied warranty and negligence under a res ipsa loquitor theory. Eversole asserted his 1997 Ford Thunderbird erupted in fire and was destroyed four days after Woods negligently performed maintenance work on the vehicle. On appeal, Woods contends the evidence

More...   $12000 (03-05-2004 - MO)

Mary Jones v. Professional Counseling Associates et al.

On May 4, 2001, appellant Mary Jones filed a complaint in the Pulaski County Circuit Court against Professional Counseling Associates (hereafter, "PCA"), Richard Flanigan, M.D., Ruth Czirr, Ph.D., and Jennifer Rauls, LMSW, alleging medical malpractice, defamation, and fraud and asserting her entitlement to damages based on the doctrine of res ipsa loquitur. Appellees filed a motion for summary

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Robert A. Ridgway and Bonita M. Ridgway v. TTnT Development Corp., et al.

Defendants TTnT Development Corp., Jerry Tuma, William Tillman and Jeffrey Tillman ("Developers") appeal from a judgment awarding Robert and Bonita Ridgway ("the Ridgways") $150,000 in damages and $103,393.98 in attorney fees on their claim for trespass to realty. Developers present three points on appeal. They contend that the trial court erred in the following respects: (1) using the wrong measu

More...   $50000 (02-23-2004 - MO)

Michael M. Roach v. Patricia Sue Rowley as Temporary Administratrix

Appellant, Michael M. Roach, appeals an order denying his objection to a temporary administrator's final accounting. We affirm.

BACKGROUND

Michael Wayne Garson died on March 25, 2001, leaving his father, Robert Garson (Garson), as his only heir. Garson filed an application for letters of independent administration in which he stated that Michael Wayne Garson had

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RMP Rentals vs. Metroplex, Inc.

This case essentially presents one issue on appeal: whether our materialmen's lien statute, Ark. Code Ann. § 18-44-101(a) (Repl. 2003)1, controls over a forum-selection clause in a contract. We accepted certification from the Court of Appeals pursuant to Sup. Ct. R. (b)(1) and (4) as presenting an issue of first impression involving a substantial issue of public interest. We affirm.

Appellan

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