Uninsured Motorist Law
 
Patrick Lafferty v. Wells fargo Bank, N.A.

This is the third appeal that comes to us in this case, which arises out of Patrick
and Mary Lafferty’s purchase of a defective motor home from Geweke Auto & RV
Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells
Fargo).
In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 (Lafferty I), this
court affirmed in part and reversed in part the actio... More...
   $0 (07-21-2018 - CA)

STATE OF OHIO v. DAVID A. HUDSON, JR.

The Gallia County Grand Jury returned an indictment charging David A.
Hudson, Jr., with one count of possession of heroin and one count of trafficking in
Gallia App. No. 17CA19 2

heroin in an amount exceeding 50 grams but less than 100 grams, both felonies of the
first degree. Hudso... More...
   $0 (07-18-2018 - OH)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...   $0 (07-16-2018 - OR)

STATE OF LOUISIANA VERSUS JUAN SALINAS Fifth Circuit Court of Appeal

Defendant, Juan Salinas, was arrested on February 1, 2015, along with
defendant, Lance Cowans. On March 12, 2015, the St. Charles Parish District
Attorney filed a bill of information charging defendant with possession with intent
to distribute marijuana in violation of La. R.S. 40:966(A)(2). On April 7, 2015,
defendant was arraigned and entered a plea of not guilty. On Febru... More...
   $0 (07-13-2018 - LA)

STATE OF LOUISIANA VERSUS LANCE COWANS

Defendant, Lance Cowans, was arrested on February 1, 2015, along with
Juan Salinas. Defendant was charged with possession of more than sixty but less
than two thousand pounds of marijuana in violation of La. R.S. 40:966(F) (count
one), and possession of Schedule II controlled dangerous substances3 in violation
of La. R.S. 40:967(C) (count three).4 On April 7, 2015, defendant ... More...
   $0 (07-12-2018 - LA)

Brian L. Paquette v. State of Indiana

On the evening of February 2, 2016, Indiana Police State Trooper James Manning (“Trooper Manning”) was parked on the northbound shoulder of I-69, near Petersburg, Indiana. A motorist pulled over and informed Trooper Manning that he observed a blue Chevy Tahoe driving northbound on the southbound lanes of the interstate. Trooper Manning activated his patrol vehicle’s emergency signals—the lights ... More...   $0 (07-08-2018 - IN)

STATE OF IOWA vs. BION BLAKE INGRAM SUPREME COURT OF IOWA

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
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vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2... More...
   $0 (07-03-2018 - IA)

STATE OF KANSAS v. JESSENIA JIMENEZ SUPREME COURT OF THE STATE OF KANSAS

When a police officer stops a vehicle for a traffic infraction, a seizure occurs under the Fourth Amendment to the United States Constitution while the officer addresses the reason for the stop. Whren v. United States, 517 U.S. 806, 809-10, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996); City of Atwood v. Pianalto, 301 Kan. 1008, 1011, 350 P.3d 1048 (2015). Usually such encounters begin when the vehicl... More...   $0 (06-28-2018 - KS)

STATE OF KANSAS v. PABLO CONSTANTINO

On December 24, 2014, Kiowa County Deputy Sheriff Danny McDorman was observing traffic on U.S. Highway 54, between Greensburg and Haviland, Kansas. Although U.S. Highway 54 is mostly a two-lane highway between Greensburg and Haviland, McDorman's patrol car was located about one-fourth of a mile before the end of a four-lane limited stretch of highway.

A little bit after noon, Deputy M... More...
   $0 (06-23-2018 - KS)

Auto-Owners Insurance Company v. Jennifer Csaszar District of Colorado Federal Courthouse - Denver, Colorado

Auto-Owners Insurance Company provided automobile insurance to Frank
and Nancy Csaszar and their daughter, Jennifer.1 But when that policy’s term
came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of
their daughter’s driving record, it would only renew their policy if it excluded her
from coverage. The Csaszars agreed. The policy accordingly included an
“e... More...
   $0 (06-19-2018 - CO)

STATE OF OHIO v. JESSE M. OGLETREE, JR

Ogletree was indicted on June 1, 2017, and on June 16, 2017, the court
entered a not guilty plea on behalf of Ogletree at his arraignment. On June 29, 2017,
Ogletree filed a motion to suppress, and a hearing thereon was held on July 26, 2017.
At the hearing, Officer Josh Bowling of the City of Dayton Police Department testified that
he was working on April 11, 2017, on routin... More...
   $0 (06-19-2018 - OH)

STATE OF OHIO v. MICHAEL J. HALL, III

Defendant-appellant, Michael J. Hall, III, appeals his conviction and sentence
for the following offenses, to wit: Count I: possession of criminal tools, in violation of R.C.
2923.24(A), a felony of the fifth degree; Count II: possession of cocaine, in violation of
R.C. 2925.11(A) and (C)(4)(e), a felony of the first degree, accompanied by a one-year
firearm specification; Cou... More...
   $0 (06-19-2018 - OH)

The State of Texas v. Brandom Garrett Third Court of Appeals, Austin, Texas

As set out above, Garrett moved to suppress evidence obtained during a traffic stop.
The traffic stop was initiated by Officer Jason Nolan, and he was the only witness during the
suppression hearing. During the hearing, Officer Nolan testified that he initiated the traffic stop
because Garrett was speeding and because Garrett was driving in the left lane without passing. See
Tex.... More...
   $0 (06-14-2018 - TX)

Edward Munro v. Department of Motor Vehicles

Before the Department of Motor Vehicles may suspend a driver’s license for a
driver’s refusal to submit to a chemical test to determine the alcohol content of his or her
blood, the driver “shall be told [by the arresting officer] that his or her failure to submit
to ... the required chemical testing will result in ... the suspension of the person’s
privilege to operate a motor vehi... More...
   $0 (06-12-2018 - CA)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...   $0 (06-11-2018 - FL)

GAYNELWYN SONNIER V. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT Consolidated With MARILYN CLARK V. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, ET AL. Consolidated With ELWOOD SONNIER V. THE UNOPENED SUCCESSION OF LACY N. JOHNSON, ET AL.

This case involves a tragic accident on Louisiana Highway 10 in
Allen Parish near Oakdale. Two young women in their early twenties were killed
when their vehicle failed to navigate a curve in the road, traveled across the
opposing lane and its shoulder, and hit a tree stump in the ditch opposite their lane
of travel. The driver of the vehicle was Lacy Johnson. Her passenger ... More...
   $0 (06-07-2018 - LA)

James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
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unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her... More...
   $0 (06-05-2018 - CA)

STATE OF KANSAS v. BYRON WATKINS JR.

On April 19, 2015, Byron Watkins was driving eastbound on I-70 in Geary County, Kansas, in a Nissan with Antonio Bowen. Captain Eric Coffman of the Geary County Sheriff's Department and Officer Nick Blake from the Junction City Police Department were driving westbound on I-70. Coffman has spent over 20 years in law
enforcement and is trained in drug detection, interdiction, and identification... More...
   $0 (05-27-2018 - KS)

CITY OF KETTERING v. WILLIAM J. MASTON

At approximately 2:00 a.m. on March 28, 2016, Maston was a passenger in
a vehicle driven by Hannah Tincher. As Tincher was driving on East Dorothy Lane in
Kettering, Officer Devin Maloney initiated a traffic stop due to a traffic violation. After
back-up arrived, Maloney conducted a free-air sniff by his canine partner, Jax. Jax
alerted to an odor of narcotics, and the offi... More...
   $0 (05-20-2018 - OH)

STATE OF IOWA vs. JOSEPH ANTHONY SPENCER COURT OF APPEALS OF IOWA

At approximately 11:50 p.m. on April 29, 2016, Des Moines Police Officers
Danner and Harden observed a white Buick drive past them with a non-functioning
rear left license plate lamp. The officers followed the vehicle. While the Buick was
stopped for a red light, the officers turned off their patrol vehicle’s lights to verify
the license plate light was not functioning. Afte... More...
   $0 (05-19-2018 - IA)

STATE OF OHIO vs. GREG RUCKER

In 2016 Rucker and codefendant Nicholas Kraft were charged with three
counts of aggravated robbery, three counts of kidnapping and one count of having
weapons while under disability. Kraft plead guilty to two counts of aggravated robbery1
and agreed to testify against Rucker. The case against Rucker proceeded to a jury trial.
{¶3} Evidence was presented that between 3:30 a.m.... More...
   $0 (05-14-2018 - OH)

STORMONT-VAIL HEALTHCARE, INC. and STORMONT-VAIL, INC., v. THE BOARD OF COUNTY COMMISSIONERS for JACKSON COUNTY, KANSAS v. COREY MELLENBRUCH

At about 2 a.m. on a Saturday morning in 2012, Jackson County Sheriff's Deputy Shawn Swisher saw a car run through a stop sign in the small town of Netawaka. Swisher turned on his flashing lights and stopped the car.

But after a short time—and before Swisher even got out of his patrol car—the other driver sped off. Swisher pursued—across a field, onto a county road, and across a highwa... More...
   $0 (05-12-2018 - KS)

Miguel Antonio Atilano v. The State of Texas

The State’s principal witness was S. Gibson, a Patrol Sergeant with the
Somervell County Sheriff’s Department. One night in May 2015, Gibson observed
a motorist who seemed to be having difficulty. The motorist drove his pickup truck
partly onto the shoulder of the road, activated his hazard lights, and traveled much
more slowly than the posted speed limit. The motorist event... More...
   $0 (05-08-2018 - TX)

Cecelia Roberts Webb, et al. v. City of Maplewood Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Cecelia Roberts Webb and five other motorists have filed a putative class action against the City of Maplewood, Missouri, under 42 U.S.C. § 1983, claiming its policy or custom violates their constitutional rights. They assert the City automatically issues an arrest warrant whenever someone ticketed for violating its traffic and vehicle laws fails to pay a fine or appear in court. Once arrested, th... More...   $0 (05-07-2018 - MO)

State of Ohio v. Guedel Stokes

Appellant, Guedel Stokes, sets forth the following assignment of error:
I. THE DEFENDANT/APPELLANT WAS NOT PROVIDED THE
RIGHT TO ALLOCUTION AT THE VIOLATION OF COMMUNITY
CONTROL HEARING AND IS ENTITLED TO A NEW REVOCATION
HEARING WHERE HE CAN EXERCISE THE RIGHT TO
ALLOCUTION.
{¶ 4} The following undisputed facts are relevant to this appeal. On April 7, 2016,
... More...
   $0 (05-06-2018 - OH)

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