Res Ipsa Loquitur Law
 
Conservatorship of Estate of K.H. v. Continental Insurance Company, et al.

K.H.’s inheritance was rapidly depleted while he was in the care of professional guardians. He sued two prior guardians, the first for breach of fiduciary duty and the second for fraud. The superior court dismissed the claims against both guardians on statute of limitations grounds. However, because neither guardian filed a final accounting that fully disclosed all financial matters,

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Steven Jenkins v. Manpower on Site at Proctor and Gamble, etc.

Steven Jenkins appeals the decision of the Labor and Industrial Relations Commission dismissing his appeal from his disqualification from unemployment benefits because he did not "appear" at a telephone hearing before the appeals tribunal. On appeal, Mr. Jenkins requests a new telephone hearing on the grounds that he did not appear at his first hearing because he failed to properly read the not

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Evergreen National Indemnity Company v. Tan It All, Inc.

This is an appeal from a summary judgment in a declaratory judgment action involving first-party commercial insurance coverage. Appellee Tan It All, Inc. ("TIA"), which operates tanning salons, sued its property insurer, Evergreen National Indemnity Company, to recover the cost of tanning equipment stolen from one of its trucks. The truck was parked in the parking lot of a shopping center conta

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Ugurhan Akturk Kosereis v. State of Rhode Island, et al.

Plaintiff-appellant, Ugurhan Akturk Kosereis ("Kosereis"), brought a discrimination claim in the district court against his employer, the State of Rhode Island Department of Children Youth and Families, Rhode Island Training School ("the Training School"), and the director of the Training School in his official capacity. Kosereis alleged that the defendants discriminated against him based on hi

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David Kalai v. Timothy Lee Gray

David Kalai appeals from a judgment entered against him on his claim for damages against Timothy Lee Gray. The trial court granted summary judgment in favor of Gray on the ground that the parties had agreed to submit their dispute to arbitration, and Kalai failed to exhaust that arbitration remedy. Kalai does not challenge the court's basic premise that the parties had an enforceable arbitrat

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Rangwal Eloy Spindler, et al. v. Maria Alyuska Mayol

Rangwal Eloy Spindler appeals from a Final Judgment of Dissolution of Marriage claiming lack of personal jurisdiction. Resco Miami Corporation and Massima American Corporation, both found by the trial court to be owned by the husband, appeal from an order denying their 1.540 motion to vacate portions of the Final Judgment of Dissolution of Marriage on the grounds that they received no noti

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Jeffrey S. Dawson v. James Toledano, et al.

A personal injury plaintiff, himself an attorney, was sanctioned for prosecuting a frivolous appeal. He immediately filed a malpractice action against the attorney who had represented him in the appeal, contending an attorney who prosecutes a frivolous appeal thereby commits malpractice per se. The trial court agreed, and entered summary judgment against the appellate practitioner.

The ap

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B & R Therapy Services, Inc.v. Colonial Health Care Center, Inc., et al.

Plaintiff, B & R Therapy Services, Inc., appeals from the dismissal of its action for breach of contract or, in the alternative, for quantum meruit against defendants, Colonial Health Care Center, Inc., et al. We affirm.

Plaintiff filed the present action in St. Louis County, Missouri, against defendants, Colonial Health Care Center, Inc., and Colonial Pavillion. L.L.C., (hereinafter coll

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Arturo De La Cruz v. 41st District Court, Columbus P. Brown d/b/a El Paso County, Texas

On December 3, 1984, Arturo de la Cruz purchased from Columbus P. Brown by executory contract a parcel of land described as Lot 3, Block 5, Roseville Subdivision, El Paso County, Texas, also known as 320 Bauman Road, El Paso County, Texas. De La Cruz made the final payment on June 9, 1997. In January 2001, he filed suit for damages arising from Brown's failure to transfer recorded legal title t

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Charles N. Inmon, et al. v. Carne Rental Services, Inc., et al.

1 Appellants Charles N. Inmon, Diana L. Inmon, and Mark S. Cummings (collectively "Plaintiffs") appeal from the Maricopa County Superior Court's summary judgment dismissing their claims against Eddie De La Torre and Crane Rental Services, Inc. ("CRSI"). We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

2 Charles Inmon and Mark Cummings were iron workers emp

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Ricardo Acevedo and Janet Acevedo v. Josephine Stiles

Josephine Stiles is an elderly stroke victim who needed assistance caring for herself andher house. She sought Ricardo Acevedo's legal services to transfer title to her home to a healthcare worker in exchange for services. Instead of the transfer Stiles planned, Acevedo had Stiles sign a power of attorney; and title to Stiles' home was transferred to Ricardo's wife and legal assistant, Janet Ac

More...   $40000 (05-09-2003 - TX)

E.C.E., Inc. v. Suzanne and Thomas Jeffrey, and Vera Buehrle.

Thomas Jeffrey (Jeffrey) appeals from the trial court's order granting E.C.E., Inc., a new trial on the issue of punitive damages for slander of title. Jeffrey also appeals the trial court's judgment converting the motion to dismiss into one for summary judgment and granting of summary judgment in favor of E.C.E., Inc., on Jeffrey's counts for slander of title and punitive damages based on res

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Thomas Jeffrey v. Edgar E. Cathers, Jr.

Jeffrey and E.C.E., Inc., through its president, Cathers, entered into a contract to perform demolition and hauling services on Jeffrey's real property. A dispute arose as to whether the work was completed and Jeffrey refused to pay E.C.E., Inc., which resulted in the filing of a mechanic's lien against Jeffrey's property. On July 7, 1999, Jeffrey filed a petition against Cathers, the president

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Richard McFarland v. Harold W. Bridges and Robert G. Rockett

This is an action to enforce a mediated settlement agreement. The original lawsuit was brought for securities violations in Dallas County Court at Law 4. The parties mediated a settlement. The present action on the settlement contract was tried to the court in County Court at Law 5, resulting in a personal judgment against appellant Rich McFarland (1) for $25,000 plus interest and attorney's fe

More...   $25000 (05-02-2003 - TX)

Scipio Johnson and Bessie Johnson v. Union Pacitic Railraod, et al.

This case arises from an accident in which a train collided with a truck near Tamo, Arkansas, on June 28, 1995. Appellant Scipio Johnson was a passenger in the truck and was seriously injured when he was thrown from the vehicle upon impact. He and his wife, Bessie Johnson, filed suit in the Jefferson County Circuit Court against Appellees Union Pacific Railroad, Bonds Fertilizer, Inc., and Bond

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Maria Zukowski v. St. Lukes Home Care Program

Maria Zukowski was discharged by her employer, appellee St. Lukes Home Care Program, following a verbal exchange with a supervisor about a memo concerning her history of absenteeism and tardiness. Appellee says she was fired because the memo incident was the third instance of disrespectful behavior toward co-workers, and she previously had been warned that another episode would lead to discharg

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Sarah Fitzpatrick Mandel v. Town of Orleans, et al.

This is an appeal from a preliminary injunction issued by the district court against the Town of Orleans, Massachusetts, its police chief, and two individual officers prohibiting specific actions by them. The injunction was obtained by Sarah Mandel incident to a civil rights suit brought by her against the defendants, but its origin lies in divorce and custody litigation between Sarah Mandel an

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L & L Wholesale, Inc. v. George L. Gibbens and April R. Gibbens

L & L Wholesale, Inc., ("L&L") sought to register a Colorado default judgment against Missouri residents George L. Gibbens and April R. Gibbens ("the Gibbens" when referred to together, by their first names when discussed individually) in Greene County, Missouri. The trial court sustained the Gibbens' motion to vacate the registration of the foreign judgment. With three points relied on, L&L conte

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Laurel Reefer v. Joanne B. Barnhart, Commissioners of Social Security

In 1989, (Laurel) Reefer began receiving Social Security Supplemental Security Income ("SSI") benefits because she suffered disabling hypertension. In March 1997, the Social Security Administration ("SSA") reviewed Reefer's case and issued a notice of disability cessation on the ground that her medical condition had improved to the point that her disability had ceased.1 Her benefits were dis

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United States of America v. One-Sixth Share of James J. Bulger in All Present and Future Proceeds of Mass Million Lottery Ticket No. M246233, etc.

Three individuals moved to intervene in a long-closed civil forfeiture action. They sought to assert claims to a one-sixth share of a $14.3 million winning state lottery ticket, still in payout, which had belonged to James "Whitey" Bulger. Two of the claimants, Olga Davis and Marion Hussey, are mothers of young women whom Whitey Bulger allegedly murdered in the 1980s; the other is one of his broth

More...   $14300000 (04-15-2003 - MA)

Amigos Bravos, et al. v. Environmental Protection Agency, et al.

This case arose out of the EPA's initial refusal to recognize pollution of the Red River arising from waste rock piles at Molycorp's molybdenum mine as a point source discharge subject to regulation under the CWA. The CWA provides that "the discharge of any pollutant by any person" is generally unlawful. 33 U.S.C. § 1311(a). "'[D]ischarge of a pollutant'" includes "any addition of any pollutant

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MetroNet Services Corporation;MetroNet Telemanagment Corporation v. US et Communications

This antitrust case involves the market for small business local telephone services in the Seattle/Tacoma area. Defendant-Appellee Qwest, formerly known as “U S West,” owns the local telephone network in 14 western states, including Washington. In addition to selling basic flat-rate business lines, Qwest also sells “Centrex,” a product offering volume discounted phone

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Jack J. Grynberg et al. v. Questar Pipeline Company et al.

3 The Grynbergs own working interests in natural gas wells located in Wyoming and Colorado. In 1971, the Grynbergs signed a gas purchase agreement with Mountain Fuel Supply Company, predecessor in interest to Questar Pipeline Company, for the sale of gas from the Colorado wells (Colorado Contract). In April and June of 1974, the Grynbergs signed three more gas purchase agreements with Mountain

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David D. Bennett v. Jones, Waldo, Holbrook & McDonough; et al.

This case involves an action brought by David D. Bennett ("Bennett") against the law firms of Jones, Waldo, Holbrook & McDonough ("Jones Waldo") and Post, Kirby, Noonan & Sweet ("Post Kirby") and several of the law firms' partners alleging legal malpractice through breach of fiduciary duty, breach of contract, abuse of process through wrongful institution of civil proceedings, intentional inflicti

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Vicky Meyers v. Health & Human Services

Vicky Meyers worked as a Protection and Safety Worker for the State of Nebraska Department of Health and Human Services (HHS) from May 29, 1998, until she resigned on May 9, 2000. For most of that time Meyers was an "ongoing" case worker, meaning she monitored children in the care of HHS over the long term. Meyers was part of each child's Treatment Team that made placement and treatment recom

More...   $0 (03-28-2003 - NE)

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AK Morlan
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