Res Ipsa Loquitur Law
 
Matthew Perdue and Team 1 Consulting, LLC v. Jay D. Pfeifer and CCNBI, Inc. Bexar County Texas Courthouse

Matthew Perdue and Team 1 Consulting, LLC each appeal a judgment entered after a bench
trial. Perdue contends the trial court erred in awarding CCNBI, Inc. damages and attorney’s fees
for its breach of contract claim and in failing to award him damages for his DTPA claim. Team 1
contends the trial court erred in only awarding it $3,000 in damages for its conversion claim and
in cal

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Charles J. Hughes v. Tom Green County Tom Green County Texas Courthouse

Charles J. Hughes appeals from the trial court’s order granting Tom Green County’s
plea to the jurisdiction. Hughes sued the County for breach of contract and unjust enrichment based
on an agreement Hughes and the County entered into in connection with prior litigation and for
violation of the Texas Open Meetings Act. See generally Tex. Gov’t Code §§ 551.001–.146.
Asserting its gov

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Matthew L. Johnson v. State of Indiana COURT OF APPEALS OF INDIANA

Johnson brings this interlocutory appeal from the trial court’s order denying his
objection to habitual felony offender enhancement charges. The State has
charged Johnson under two cause numbers. One case alleges seven felonies
that range from Level 2 to Level 6. The other alleges three felonies, ranging
from Level 4 to Level 6. The State filed identical habitual offender a

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STATE OF MONTANA v. MICHAEL LEE BATY

On the evening of December 5, 2014, Police Officer Kristopher Vauthier (Vauthier)
observed a car with a non-functioning headlamp drive past him in the opposite direction.
Vauthier stopped the vehicle and shined his spotlight on the car. As he approached the
driver’s door, he noticed a large quantity of Ziploc bags in the back seat. When he saw
Baty in the driver’s seat, he i

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Phillip Baranchik v. Mario Fizulich

In 2008, defendants and respondents
1 Redondo Beach
police officers Mario Fizulich, Phillip Ho, and Ellen
Tumbocon interacted with plaintiffs and appellants Phillip
Baranchik and Eric Baranchik.
2 The details of the
interaction and subsequent arrests and criminal
prosecutions are more fully described later in this opinion.
Based on the interaction, Phillip, Eric, an

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STATE OF OKLAHOMA v. RAYMOND T COBB, DUSTIN THOMPSON and TYER RAY THOMPSON

TULSA, OK - THE STATE OF OKLAHOMA charged RAYMOND T COBB, DUSTIN THOMPSON and TYER RAY THOMPSON with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER, in violation of 21 O.S. 649
Date of Offense: 05/28/2014

Party Name

Disposition Information

THOMPSON, TYER RAY
Disposed: DISMISSED, 10/10/2014. Dismissed- Request of the State<

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State of Oklahoma v. Nathaniel Jamal Watkins

Tulsa, OK - Defendant Sentenced To Life Without Parole For Death

The State of Oklahoma charged Nathaniel Jamal Watkins, age 26 with:

Count # 1. Count as Filed: HM11, CHILD ABUSE MURDER, in violation of 21 O.S. 701.7
Date of Offense: 12/01/2015
Party Name Disposition Information
WATKINS, NATHANIEL JAMAL
Count # 2. Count as Filed: CHN, CHILD NEGLECT, in viola

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Jeffery Vann v. Mashae Flanner, Agustin Castorena and TNC Operations, LLC

Tulsa, OK - Jeffery Vann sued Mashae Flanner, Agustin Castorena and TNC Operations, LLC on negligence theories claiming to have been injured and/or damages in car wreck on March 9, 2016. Plaintiff was a passenger in a van driven by Castorena traveling south on South Havard Avenue when a vehicle driven by Flanner crashed into the van. Defendant Augustin was an employee of Defendant TNC and was act

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Thorco Holdings, LLC v. Bejnamin Albin, Scott Pennington and Eric Yost

Tulsa, OK - Thorco Holdings, LLC sued Bejnamin Albin, Scott Pennington and Eric Yost on libel and slander theories claiming that the defendants were, at one time, Plaintiff's employees. It claimed that Defendants agreed not to complete with it if they terminated their employment with it but did so in fact after February 9, 2016 when they formed PSM Solutions.

Plaintiff claimed that the

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STATE OF KANSAS v. SHERMAN L. WRIGHT

Wright was charged with robbery in 87CR1414, aggravated robbery in 87CR1478, and aggravated robbery in 87CR1418. All three cases were consolidated for trial. On December 17, 1987, Wright was convicted in all three cases.

At sentencing, the State filed notice of its intent to invoke the Habitual Criminal Act, K.S.A. 21-4504 (Ensley 1988). Wright stipulated to felony convictions in 82CR0

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R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou

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Mitchell J. Stein v. Axis Insurance Company

In 2007, Heart Tronics, Inc., a medical device company,
purchased directors and officers liability insurance policies from
AXIS Insurance Company (AXIS) and Houston Casualty
Company (HCC). The AXIS policy has been exhausted.
Under the HCC policy, HCC agreed to pay defense
expenses incurred by Heart Tronics’s officers and directors, and
individuals serving in functionally eq

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State of Oklahoma v. Ihsan Antwoine Locklyn

Tulsa, OK - The State of Oklahoma charged Ihsan Antwoine Locklyn with:

Count # 1.
Count as Filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645
Date of Offense: 05/29/2014

Party Name

Disposition Information

LOCKLYN, IHSAN ANTWOINE
Disposed: CONVICTION, 07/29/2014. Guilty Plea
Count as Disposed: ASSAULT WITH A DANGEROUS WEAPO

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Kevin Lynn Greer and Nikita Kline v. George William Miller

Tulsa, OK - Kevin Greer and Nikita Kline sued George Miller and State Farm on auto negligence theories claiming to have been injured and/or damaged in a car wreck in Tulsa County caused by Miller.

Issues

For cases filed before 1/1/2000, ancillary issues may not appear except in the docket.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: GREER, KEVIN LYNN

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ANDRE D. BAILEY v. STATE OF KANSAS

When he was just 17 years old, Bailey and three of his friends, DaQuan Dean, Cheryl Starr, and Sade James, were involved in the aggravated burglary and robbery of Ricky Stewart and Meagon Hicks. Prior to leaving the scene, Bailey fired a number of shots at Stewart and Hicks' closed front door. Several of the shots hit Stewart and he died later that day from the injuries.

Bailey was char

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Laura Lynn Fox v. City of Tulsa

Tulsa, OK - Social Worker Awarded $225,000 Against City in Malicious Prosecution Case

Larua Lynn Fox sued the City of Tulsa and Daniel Bishop on a governmental tort claim theory under 51 O.S. Section 151, et seq. malicious prosecution theory claiming that a police detective alleged that she failed to report child abuse in violation of 10A O.S. Section 1-2.110 despite the fact that she had

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MARSAI BROADWAY, an Individual and as Personal Representative of LOUISE TAYLOR, deceased, Plaintiff/Appellant, v. PEAK MEDICAL OKLAHOMA NO. 5, a Delaware Corporation, d/b/a MAYFAIR NURSING HOME and/or THE MAYFAIR, Defendant/Appellee.

¶1 Marsai Broadway, in her individual capacity and as Personal Representative of the Estate of Louise Taylor, filed a wrongful death action against Mayfair Nursing Home. Broadway alleged her grandmother, Louise Taylor, died as a result of neglect and/or abuse at the Mayfair Nursing Home, leading to multiple severe pressure ulcers, dehydration, malnutrition and contractures. Broadway asserted numer

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Geradl Quellette v. State Farm Mutual Insurance Company

¶1 The dispositive issue on certiorari is whether the risk carrier of UM1 coverage must answer in damages for the "grief and loss of companionship" of its insureds, occasioned by the wrongful death of their emancipated, adult son, even though in the distribution stage of an earlier wrongful-death action (by the decedent's surviving spouse) the plaintiffs-parents were denied, for lack of legal inte

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Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and
stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the
motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex
Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex
Automobile Recovery, Inc.;

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George Edward Adams v. Otho Prellar Colement

¶1 This appeal involves an action brought by Plaintiffs in Error to recover their proportionate share of the proceeds of a judgment rendered in an action for the wrongful death of their mother, Annie A. Coleman, Deceased, which was brought in the name of Otho Prellar Coleman, as administrator of the Estate of Annie A. Coleman, Deceased, and Otho Prellar Coleman, individually in his own right again

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Hugo Rosario Gutierrez-Brizuela v. Lorett E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is haven’t often been thought subject to
revision by the executive, let alone by an executive endowed wi

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The People v. Jesse Lin Antolin

In 2013, defendant Jesse Lin Antolin was sentenced to an 11 year term in county
jail. In 2015, the trial court granted his motion to recall the sentence and modify it to a
―split sentence,‖ with the remaining unserved time to be spent on mandatory supervision.1
The People appeal, arguing the trial court lacked the authority to modify
the sentence. We agree and hold that

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STATE OF KANSAS v. KENNETH HARRIS Sex offender

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On September 23, 2013, K.S. told her stepmother that her father, Harris, had been raping her for almost

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Kevin O'Connor, et al. v. Oakhurst Dairy; Dairy Farmers of America, Inc.

For want of a comma, we have
this case. It arises from a dispute between a Maine dairy
company and its delivery drivers, and it concerns the scope of
an exemption from Maine's overtime law. 26 M.R.S.A. § 664(3).
Specifically, if that exemption used a serial comma to mark off
the last of the activities that it lists, then the exemption
would clearly encompass an activity tha

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Sergey Efremov v. Geosteering, L.L.C.

Plaintiff/appellee GeoSteering LLC sued defendant/appellant Sergey Efremov seeking a temporary restraining order, a temporary injunction, a permanent injunction, and damages. The trial court entered a temporary injunction in GeoSteering’s favor, and Efremov brought this interlocutory appeal.
2
BACKGROUND
The service of “geosteering” involves monitoring drilling operations using real-ti

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