Uninsured Motorist Law
 
STATE OF NORTH CAROLINA v. CONSTANCE RENEA BEDIENT

The State’s evidence at the motion to suppress hearing tended to show the
following facts. At around 11:30 p.m. on 28 February 2013, Sergeant Andy Parker of
the Jackson County Sheriff’s Office observed defendant driving a silver Mitsubishi
Gallant on Highway 107 with her high beam lights on. She failed to dim her high
beams as she passed Sergeant Parker going in the opposite ... More...
   $0 (05-04-2016 - NC)

STATE OF IOWA vs. JONATHAN KAY DAVIS

Jonathan Davis appeals his conviction for operating while intoxicated in
violation of Iowa Code section 321J.2 (2013). Davis claims his counsel provided
constitutionally-deficient representation in failing to make several interrelated
challenges to the statute, the marshaling instruction, and the evidence. Davis
also argues the district court abused its discretion in denying ... More...
   $0 (04-28-2016 - IA)

Jose Pablo Lopez v. The State of Texas

Twenty-two year-old Espinosa was murdered at his cousin Michelle
Rodriguez’s house shortly after midnight on June 18, 2001. According to
Rodriguez’s testimony, she answered a knock at her door, and two men asked for
Espinosa. Rodriguez woke Espinosa. Espinosa told Rodriguez he did not know
who they were and asked her to come to the door with him. Rodriguez testified
th... More...
   $0 (04-27-2016 - TX)

Mikeska v. Las Cruces Regional Medical Center

Plaintiff initially visited Defendant’s emergency room twice on the same day,
18 and was discharged on both occasions after being misdiagnosed with a ruptured
19 ovarian cyst. Four days later she once again returned to Defendant’s emergency room
1 at which point she was accurately diagnosed with a bowel obstruction. Emergency
2 surgery to remove a portion of her bowel was ultimatel... More...
   $0 (04-26-2016 - NM)

Christopher Blake v. Progressive Northern Insurance

A motion for judgment on the pleadings under Vt. R. Civ. P. 12(c) is judged under the same standard as a Rule 12(b)(6) motion to dismiss. Irish Lesbian and Gay Org. v. Giuliani, 143 F.3d 638, 644 (2d Cir. 1998). The “complaint should not be dismissed ‘unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” George C... More...   $0 (04-24-2016 - VT)

Mark Van Hoesen et al. v. Lloyd’s of London

The plaintiff, Mark Van Hoesen, was seriously injured when he fell from a deck on July
23, 2012. Two years later, Mr. Van Hoesen, along with his wife, Pamela, filed a complaint in
Washington County Superior Court, alleging that a contractor, Brian Leonard, negligently constructed the deck.2 When the constable returned the summons marked non est inventus, plaintiffs moved to substitute ... More...
   $0 (04-24-2016 - RI)

Pamela jean Apker v. Mary Michelle Samara Bruns

Tulsa, OK - Pamela jean Apker sued Mary Michelle Samara Bruns on an auto negligence theory and Hartford Insurance Company of the Midwest on uninsured or under insured motorist insurance theories claiming:

1. Plaintiff APKER was at all times pertinent hereto, a citizen and resident of the State of Oklahoma.

2. Defendant MARY MICHELLE SAMARA BRUNS was at all times pertinent hereto ... More...
   $0 (04-19-2016 - OK)

UNITED STATES OF AMERICA v. ROBERT LEON LECRAFT

Following a jury trial, Robert Leon LeCraft was convicted of possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1), 924 (2012).1 The district court sentenced LeCraft to 180 months’ imprisonment. LeCraft appeals his conviction, claiming that the district court erred by denying his motion to suppress evidence seized following a traffic stop. For the reasons that follow, we af... More...   $0 (04-18-2016 - NC)

State of Tennessee v. William Whitlow Davis, Jr.

The Defendant was charged in August 2010 with two alternative counts of driving under the influence and one count of failing to drive within a single lane in violation of Tennessee Code Annotated section 55-8-123 (2008). The Defendant filed a motion to suppress on the basis that his traffic stop was unconstitutional. At the ensuing hearing, held in August 2013, the following proof was adduced: ... More...   $0 (04-17-2016 - TN)

State of Tennessee v. Linzey Danielle Smith

The Defendant was charged in July 2013 with two alternative counts of driving under the influence. The Defendant filed a motion to suppress on the basis that her traffic stop was unconstitutional. At the ensuing hearing, held in October 2013, the following proof was adduced: Trooper Chuck Achinger of the Tennessee Highway Patrol testified that, at approximately 3:00 a.m. on December 6, 2012, he ... More...   $0 (04-17-2016 - TN)

Joseph Lemerise v. The Commerce Insurance Company

There is no serious dispute about the underlying facts of this case. In August 2011,
plaintiff was a pedestrian in a crosswalk in Newport when he was struck by a vehicle operated by
an uninsured motorist. At the time, plaintiff was an insured under his mother’s automobile
insurance policy, pursuant to the terms of which he made a claim for uninsured-motorist
coverage for his ... More...
   $0 (04-16-2016 - RI)

NICK C. RHOADES vs. STATE OF IOWA

Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont... More...   $0 (04-15-2016 - IA)

Rigo Marin v. Jesse D. Ketcher and Progressive Northern Insurance Company

Tulsa, OK - Rigo Marin sued Jesse D. Ketcher and Progressive Northern Insurance Company on auto negligence and under insured motorist coverage theories claiming to have been injured and/or damaged in a car wreck in Tulsa County that occurred on October 25, 2013 when Ketcher ran into the rear-end of his car on Highway 75.... More...   $1 (04-12-2016 - OK)

MARILYN “MITZI” STONEHOCKER v. GULF INSURANCE COMPANY and TRAVELERS INDEMNITY COMPANY OF AMERICA

Marilyn Stonehocker (Stonehocker) was seriously injured while working for her
employer, Bear Creek Outfitters Inc. (Bear Creek). Because her injury was caused by the
use of her personal automobile, she was able to recover benefits under her auto insurance
policy. She then sought benefits under Bear Creek’s commercial auto policy, but Bear
Creek’s insurer, Travelers Indemnity... More...
   $0 (04-11-2016 - MT)

State of Nebraska v. Adam T. Woldt

The facts leading up to Woldt’s stop are as follows: Officer Randy Davie of the Wisner, Nebraska, police department received a report from dispatch of multiple traffic cones having been knocked down on Highway 275, the main street in Wisner. Dispatch indicated that the party responsible was driving a white Chevrolet pickup. Davie stopped to pick up the cones. While doing so, he heard squealing tir... More...   $0 (04-09-2016 - )

John Sharpley v. Meagan Ronse and State Farmer Mutual Automobile Insurance Company

Oklahoma City, OK - John Sharpley sued Meagan Ronse and State Farmer Mutual Automobile Insurance Company on auto negligence and under insured motorist theories respectively claiming to0 have been injured and/or damaged in a car wreck in Oklahoma County when the Defendant failed to stop and ran into the rear end of Plaintiff's care on Highway 177 at 45ht Street.

Defendant admitted cause bu... More...
   $0 (04-05-2016 - OK)

Stephani L. Ratzlaff v. Natalie M. Frazier and State Farm Auto Insurance Company

Norman, OK - Stephani L. Ratzlaff sued Natalie M. Frazier on an auto negligence theory and State Farm Auto Insurance Company on an under insured motorist theory claiming to have been injured and/or damaged in a car wreck in Cleveland County, Oklahoma caused by Frazier.... More...   $1 (04-05-2016 - OK)

Roxanna M. Kimbell v. Katelynn Nichole Kurtz and Nationwide Mutual Insurance Compny

Oklahoma City, OK - Roxanna M. Kimbell sued Katelynn Nichole Kurtz and Nationwide Mutual Insurance Compny on auto negligence and under insured motorist theories claiming:

1. On or about the 27th day of February, 2013, in the City of Choctaw, Oklahoma County, State of Oklahoma, Defendant Katelynn Nicole Kurtz was the driver of a motor vehicle involved in a collision with a vehicle driven b... More...
   $1 (04-05-2016 - ok)

Jeremy Rodgers v. Leeanne Crain and Allstate Indemnity Company

Norman, OK - Jeremy Rodgers sued Leeanne Crain and Allstate Indemnity Company on auto negligence and underinsured motorist theories claiming:

1. On May 2, 2012, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant and a vehicle driven by Charles Brown in which Plaintiff was traveling as a passenger.
2. Said collision was caused by Defendant ... More...
   $28000 (04-05-2016 - OK)

United States v. Alejandro Ramirez-Castaneda

We review a sentence for reasonableness, applying “a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Where, as here, the defendant alleges no significant procedural error, we consider the substantive reasonableness of the sentence to determine whether the court abused its discretion in determining that the 18 U.S.C. § 3553(a) (2012) factors supported the... More...   $0 (04-03-2016 - NC)

Martinez v. State Of Oklahoma

Carl and Martha "Faye" Miller lived five miles south of Cache, Oklahoma, on State Highway 115 and Woodlawn Road. Around 4:49 a.m. on Monday, October 12, 2009, Ms. Miller called 911 to report shots being fired from a vehicle parked near her residence. She could only describe the vehicle as having its lights on. Ms. Miller asked police to come quickly, saying that "We opened the garage door, and the... More...   $0 (03-27-2016 - OK)

THOMAS J. DAVIS V. COMMONWEALTH OF KENTUCKY

Officer Tim McCoy was on duty in the late evening hours, parked on the
side of a remote gravel road in a rural area of McLean County, as he described
it, "looking for DUI drivers." Riding with Mccoy that evening was his canine
partner, Chico. Chico is a trained and certified narcotics-search dog. McCoy
was aware of allegations that Appellant was involved with illegal drugs. Ear... More...
   $0 (03-17-2016 - KY)

State of North Dakota v. Bo Tyler James

On June 9, 2014, at about 2 a.m., Sergeant Ficken was on duty in Watford City. Ficken heard a semitruck continuously honking or blowing its horn. When he looked in the direction of the sound, he observed a Dodge pickup pulling a stock trailer traveling westbound in front of the semitruck. Ficken stopped the truck to investigate. The truck driver reported to Ficken that the pickup driver cut him o... More...   $0 (03-16-2016 - ND)

DIANA K. HILBURN v. ENERPIPE, LTD

While Diana K. Hilburn rode home with her husband, a truck owned and operated by Enerpipe, Ltd. (Enerpipe) rear-ended their car. The collision negatively impacted Hilburn's recovery from a recent back surgery, resulting in a second surgery and chronic pain. After a trial, a jury returned a verdict in the amount of $335,000 in total damages for Hilburn, most of which compensated for her noneconomic... More...   $0 (03-13-2016 - KS)

State of Vermont v. Tisa Farrow

The relevant background is as follows. Defendant was arraigned on charges of
driving under the influence (DUI) pursuant to 23 V.S.A. § 1201(a)(2) (“A person shall not
operate . . . any vehicle on a highway . . . when the person is under the influence of intoxicating
liquor.”) Before trial, defendant filed a motion in limine seeking to exclude from evidence
the arresting office... More...
   $0 (03-13-2016 - VT)

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AK Morlan
Kent Morlan, Esq.
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