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Collision Law
 
Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

Walter Jason Hanicek v. The State of Texas

Deputy Eric Becker was on patrol in Fort Bend County, Texas shortly after midnight on December 8, 2015. Deputy Becker was driving his patrol car on the highway when he swerved to avoid a head-on collision with a vehicle traveling towards him in his lane. Deputy Becker turned to follow the vehicle and activated his emergency lights; the vehicle started to pull over but “continued to slow roll on ... More...   $0 (06-16-2018 - TX)

Landry Rountree v. Troy Dyson, City of Beaumont Eastern District of Texas Federal Courthouse - Beaumont, Texas

Landry Rountree appeals the dismissal of his 42 U.S.C § 1983 and related state-law claims against the City of Beaumont and Beaumont Police Sergeant Troy Dyson. We affirm the judgment of dismissal.
I.
Rountree owns a towing business and, for thirty years, participated in Beaumont’s non-consent tow rotation. For an accident that disables a car, the
United States Court of Appeals
Fift... More...
   $0 (06-15-2018 - TX)

Esther Hill White v. Life Insurance Company of North America Western District of Louisiana - Shreveport, Louisiana

Esther White, the beneficiary of David White’s life-insurance policy, appeals a summary judgment granted in favor of the insurer and plan administrator, Life Insurance Company of North America (“LINA”), on her claim for benefits. LINA had denied benefits on the ground that David’s death was caused in part by intoxication or drug abuse. Finding that LINA abused its discretion in denying benefits, w... More...   $0 (06-15-2018 - LA)

Joshua Shiver v. Charles Edward Laramee

The sudden emergency doctrine, aka the imminent peril
doctrine, shields a defendant from liability in a negligence action.
The rule is aptly restated in jury instruction CACI 452. Here we
have the rare case when the rule applies at a summary judgment
motion. The driver of a motor vehicle who lawfully has the right
of way is 1) not required to foresee “roadrage”; and 2) that car... More...
   $0 (06-13-2018 - CA)

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)

COMMONWEALTH vs. IAN HOLNESS Massachusetts Supreme Judicial Court

We recite the findings of fact made by the motion judge, supplemented by the evidence in the record that is uncontroverted and undisputed, or implicitly credited by him.2 Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007). On December 25, 2013, at approximately 4:04 A.M., the Boston police department responded to a 911 call reporting a person shot at a house party at 92 Wales Street in Dorches... More...   $0 (06-10-2018 - MA)

State of Minnesota vs. Miguel Angel Vasquez,

Following a bench trial, the district court found Vasquez guilty of the premeditated
murder of Amber Lechuga. Lechuga and Vasquez shared an apartment in Springfield.
They had been romantically involved and have two children together. The State’s theory
was that Vasquez murdered Lechuga because their relationship had deteriorated, and she
was seeing other men. The State cont... More...
   $0 (06-08-2018 - MN)

Alejandro Cruz v. Nora Sharkey Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Hartford, CT - Alejandro Cruz, age 26, sued Nora Sharkey on a personal injury auto negligence theory claiming that he sustained a back injury which adversely impacted his dance career.

An aspiring professional dancer who had to curtail his career following a rear-end collision in which he suffered serious back injuries has been awarded $236,520 by a jury.

The six-person Hartford... More...
   $236520 (06-08-2018 - CT)

Jay Ebarb v. The State of Texas Judge sentences Lufkin man to 40 years prison for assaulting 73-year-old mother

On August 3, 2015, Appellant was charged by indictment with obstruction. The case proceeded to a bench trial on January 26, 2017. The trial was recessed and resumed on February 24, 2017. During the recess, Appellant filed a motion to suppress alleging that officers made a warrantless arrest without probable cause and unlawfully entered his residence to make the arrest. Appellant sought to supp... More...   $0 (06-07-2018 - TX)

JOSEPH R. SHEPACK v. KANSAS DEPARTMENT OF REVENUE

On September 20, 2014, after receiving a report from the dispatcher that a pickup was driving erratically on the turnpike, a trooper spotted a truck matching the description pass by him when he was on the side of the road dealing with another car stop. His patrol car's emergency lights were activated while conducting this stop. The trooper noted that the passing truck did not move all the way into... More...   $0 (06-06-2018 - KS)

STATE OF KANSAS v. EDWARD LEO RUGGIERO Kansas Court Of Appeals

On November 3, 2013, around 2 p.m., Ruggiero was involved in a vehicular collision in Douglass, Kansas. Ruggiero's 2002 Dodge truck collided with a legally parked 2013 Ford pickup. The force of the collision tore off a front wheel of Ruggiero's truck. The truck then traveled through a front yard and then crashed into a house. Alan Butcher, the owner of the 2013 Ford pickup was watching a Chiefs' f... More...   $0 (06-05-2018 - KS)

Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, Inc.

Appellants Ledesma & Meyer Construction Company, Inc. and its
principals, Joseph Ledesma and Kris Meyer (collectively, L&M) contracted with
the San Bernardino Unified School District to manage a construction project at a
middle school. In 2003, L&M hired Darold Hecht as an assistant superintendent
and assigned him to the project. In 2010, Jane Doe, a 13-year-old student at the
... More...
   $0 (06-05-2018 - CA)

Shelley Cooley v. Timothy Adgate and City of Shreveport

On November 2, 2012, a collision occurred when the vehicle driven
by Shelley Cooley was hit from the rear by a vehicle driven by Timothy
Adgate, an employee of the City of Shreveport. Following the accident,
Cooley sought medical treatment for pain in her neck, back and right knee.
In May 2013, the plaintiff, Shelley Cooley, filed a petition for
damages against the def... More...
   $0 (06-01-2018 - LA)

Bruce Allen Evans v. The State of Texas Fourteenth Court of Appeals - Texas Courts

The assault in this case occurred at the end of a high-speed chase. When the chase began, appellant was clocked at driving eighty-three miles per hour, nearly thirty miles per hour over the posted speed limit. An officer pursued appellant with lights and siren engaged, but appellant did not stop. Appellant turned on his vehicle’s emergency flashers and continued to speed away. Appellant’s behavior... More...   $0 (06-01-2018 - TX)

DOMINO’S PIZZA, LLC. v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD

In January 2011, Richard Wiederhold swerved into the median to avoid a vehicle
that had pulled out in front of him. His vehicle drifted through the median and back across
the roadway, flipped over once or twice, and came to rest in a ditch. The collision
immediately rendered him a quadriplegic. The other vehicle was driven by Jeffrey Kidd,
who was delivering pizza for Domino... More...
   $0 (05-15-2018 - FL)

Christopher Ryan Wall v. The State of Texas

Rita Deysarkar was critically injured on February 6, 2015 in a collision involving appellant.
Appellant was travelling at a speed of more than 110 mph in a 40 mph speed zone when he hit
Deysarkar’s vehicle near the driver’s side door as she was driving through an intersection. Four
hours after the crash, appellant’s blood-alcohol content was .11.
Several witnesses testified a... More...
   $0 (05-10-2018 - TX)

Derrick Black v. Ferrellgas, Inc. and Jimmy Childs Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

¶1 Plaintiff Derrick Black appeals the trial court's March 22, 2016, Journal Entry of Judgment, entered on a jury verdict, in Plaintiff's vehicle negligence case. Based on our review of the facts and applicable law, we affirm the judgment.

BACKGROUND

¶2 Plaintiff was severely injured on March 6, 2009, in a single-vehicle, non-contact accident, when he struck a curb while riding h... More...
   $0 (05-09-2018 - OK)

State of Tennessee v. Andrew Young Johnson Tennessee Court of Criminal Appeals

In 1998, a Sullivan County Criminal Court jury convicted the petitioner of one count of attempted first degree murder and one count of felony reckless endangerment. This court affirmed the convictions and accompanying 25-year sentence on direct appeal. State v. Andrew Young Johnson, No. E1999-00002-CCA-R3-CD, (Tenn. Crim. App., Knoxville, Apr. 18, 2000). The crimes in this case came on the tail... More...   $0 (05-09-2018 - TN)

Nancy Buccina; Scot A. Buccin v. Linda Ann Grimsby Northern District of Ohio Courthouse - Toledo, Ohio

Linda Ann Grimsby invited her friend Nancy Buccina to take a
boat trip on Lake Erie. Toward the end of the voyage, the boat hit a wave, jarring the passengers
and injuring Nancy. Nancy and her husband Scot sued. A jury found that Grimsby was not
negligent. But the district court granted Nancy and Scot’s motion for a new trial on the ground
that the evidence did not support the verd... More...
   $0 (05-06-2018 - OH)

STATE OF NORTH CAROLINA v. DAVID WOODARD DANIEL COURT OF APPEALS OF NORTH CAROLINA

On the morning of 11 June 2016, a trooper stopped Defendant’s vehicle for
speeding in Wilkes County. Based on his observations of Defendant, the trooper
formed a belief that Defendant had consumed a sufficient quantity of alcohol to
impair Defendant’s faculties or his ability to safely drive a vehicle. Accordingly, the
trooper placed Defendant under arrest for driving while i... More...
   $0 (05-05-2018 - NC)

STATE OF NORTH CAROLINA v. PAUL DAVID ELDRED Court of Appeals of North Carolina

The State’s evidence at trial tended to show the following:
On 30 October 2015, between 8:20 and 8:30 p.m., law enforcement officers in
Avery County received a radio communication of a reported motor vehicle accident on
Highway 221 north of the intersection with Highway 105. Avery County Sheriff’s
Deputy Timothy Clawson (“Deputy Clawson”) and State Highway Patrol Trooper J.D. ... More...
   $0 (05-05-2018 - NC)

Stephen Hardee v. Sarah Estelle Pool Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Oklahoma City, OK - Stephen Hardee sued Sarah Estelle Pool on an auto negligence theory.

Automobile collision on October 23, 2013, in Oklahoma City, OK between Defendant's vehicle and a vehicle in which Plaintiff is a passenger.... More...
   $0 (05-03-2018 - OK)

D'Arquez Quajon Tennon v. The State of Texas

In July 2016, a Hopkins County grand jury returned an indictment against Tennon charging
him with the offense of manslaughter. The indictment stated,
D[’]ARQUEZ TENNON, hereinafter styled defendant, on or about the 5th day of June, 2016, and before the presentment of this indictment, in said County and State, did then and there recklessly cause the death of an individual, namely, Enriqu... More...
   $0 (04-29-2018 - TX)

Austin D. Warren v. State of Indiana

The facts underlying Warren’s conviction, as found by this court in his initial
direct appeal, are as follows:
On the evening of October 11, 2015, . . . Warren and his brother were seen drinking alcohol at a bar. Later that evening, as Warren drove his truck in White County, he struck a car driven by Deborah Barkas. Barkas’ thirteen-year-old daughter, H.O., was in the car. Warren’s tr... More...
   $0 (04-25-2018 - IN)

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