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Contributory Negligence Law
 
Carol Ann Conforti v. Ocean County Corrections Department Ocean County Courthouse, Tom River, New Jersey Morelaw Internet Marketing National Find A Lawyer Directory

Tom River, NJ - Jury Finds In Favor of Plaintiff and Awards Her $1.5 Million

Carol Ann Conforti sued the Ocean County Corrections Department on a wrongful death negligence theory claiming that the employees of the jail failed to exercise due care in the incarceration of her husband, Kenneth, age 45, and, as a direct result, he hanged himself in his cell on October 20, 2010.

Kenne... More...
   $1500000 (06-21-2018 - NJ)

Kayla Doherty v. Merck & Co., Inc. The United States of America District of Maine Federal Courthouse - Bangor, Maine

Kayla Doherty became pregnant
while supposedly protected by a contraceptive implant manufactured
by Merck & Co., Inc. After she gave birth to a healthy child, she
brought this lawsuit against Merck, claiming that the implant
and/or its applicator were defective. She also sued the federal
government under the Federal Tort Claims Act, claiming that her
doctor at a federally-f... More...
   $0 (06-21-2018 - ME)

Rehabilitation Center at Hollywood Hills, LLC vs State of Florida, Agency For Health etc.

On September 13, 2017, AHCA issued the Immediate Moratorium on Admissions, which prohibited the facility from “admit[ting] for services any individual.” The order made the following factual findings: a. On September 10, 2017, [the facility] became aware that its air conditioning equipment had ceased to operate effectively. b. In addition to contacting the local electrical power provider, [the fa... More...   $0 (06-21-2018 - TN)

David Michael Blevins v. State of Tennessee David M Blevins - Registered Sex Offender

Following a jury trial, Petitioner was convicted of three counts of aggravated sexual battery as lesser-included offenses of the indicted charges of rape of a child. He was sentenced to serve thirty years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. David Michael Blevins, No. E2013-01976-CCA-R3-CD, 2014 WL 2... More...   $0 (06-21-2018 - TN)

Jyll Brink v. Raymond James & Associates, Inc. Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jyll Brink appeals the district court’s dismissal of her putative class action complaint. She argues that the district court erred in determining that her state law claims for negligence and breach of contract against Raymond James and Associates, Inc. (“RJA”) were precluded under Title I of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”), which prohibits class actions alleging s... More...   $0 (06-21-2018 - FL)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

United States of America v. Raman Handa District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...
   $0 (06-20-2018 - MA)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

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)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

Patricia P. Campbell v. State of Hawaii Department of Education, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.
I
Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taug... More...
   $0 (06-19-2018 - HI)

STATE OF MISSOURI v. BRYAN M. PIERCE

Police officers were dispatched to Pierce's home after he called a suicide hotline
and said he was hearing voices, including his cat's, telling him to stab himself. When
officers arrived, Pierce told them the same. One officer asked Pierce if he wanted them
to check the residence to make sure nobody was inside to give Pierce "a little peace of
mind." Pierce agreed. Once ins... More...
   $0 (06-18-2018 - MO)

Michele Cole v. Historic Mission Inn Corporation

The facts in this paragraph are taken from the allegations in Coyle’s complaint.
On May 8, 2013, Coyle ate lunch with a friend. They ate lunch on a patio at the
Mission Inn. During lunch, a spider bit Coyle’s back. As a result of the spider bite,
Coyle “was hospitalized with numbness and weakness in her extremities due to
demyelination in [her] thoracic spine.”
In the negligenc... More...
   $0 (06-18-2018 - CA)

Stephanie Taubin v. Boston Red Sox Baseball Club Ltd Partnership Morelaw Internet Marketing Helping People Find You On The Internet 888-354-4529

Boston, MA - Stephanie Taubin sued the Boston Red Sox Baseball Club Ltd Partnership on a personal injury negligence theory claiming that she sustained severe facila injuries when she was struck by a foul ball at Fenway Park in June of 2014 while setting in luxury seats above and behind home plate unprotected by glass or netting.

The claims made and defenses asserted by the parties are no... More...
   $0 (06-15-2018 - MA)

Marlo Detric Hollie v. The State of Texas

“The Sixth Amendment to the United States Constitution provides, in relevant part, that,
‘[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.”‘ Nguyen v.
State, 506 S.W.3d 69, 77 (Tex. App.—Texarkana 2016, pet. ref’d) (quoting U.S. CONST. amend.
VI; Barker v. Wingo, 407 U.S. 514, 515 (1972)). “That right was made applicable to the states by <... More...
   $0 (06-15-2018 - TX)

Timothy P. Pascale v. Apache Industrial Services, Inc., Calcasieu Refining Co. and Paul B. Brown Nat Douget Video & Court Reporters Serving Your Court Reporter & Videographer Needs In Lake Charles 800-259-9900

Lake Charles, LA - Timothy P. Pascale v. Apache Industrial Services, Inc., Calcasieu Refining Co. and Paul B. Brown on personal injury negligence theories.... More...   $0 (06-15-2018 - LA)

Tamara Skidgel v. California Unemployment Insurance Appeals Board

The In-Home Supportive Services (IHSS) program (Welf. & Inst. Code, § 12300
et seq.) provides in-home services to elderly or disabled persons so that they may avoid
institutionalization. For purposes of the state unemployment insurance system, IHSS
service recipients are considered employers of their service providers if the providers are
directly paid by the program or the recipie... More...
   $0 (06-15-2018 - CA)

Brian Fazio v. The State of Texas

Fazio and the complainant Amber Lentz were in a long-term relationship. Fazio referred
to Lentz as his wife. At the time of Lentz’s death, Fazio and Lentz were homeless and living in a
drainage tunnel. Fazio was observed pushing Lentz’s unresponsive body in a shopping cart across
the parking lot of a business located in a strip center immediately adjacent to the drainage tunnel. ... More...
   $0 (06-14-2018 - TX)

Monica Gray v. Hallmark Specialty Insurance Company, TLM2 Enterprises, Inc. and Tommy Manning Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Baton Rouge, LA - Monica Gray sued Hallmark Specialty Insurance Company, TLM2 Enterprises, Inc. and Tommy Manning on personal injury auto negligence.... More...   $0 (06-14-2018 - LA)

Kathy A. Netro v. Greater Baltimore Medical Center, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

Kathy Netro brought a medical malpractice suit in state court against the Greater Baltimore Medical Center for its negligent care of her now-deceased mother. When she won, GBMC became liable under federal law for payments Medicare had made for Netro’s mother’s treatment. GBMC did not immediately satisfy the judgment. And three weeks after the state court entered its final order, Netro brought this... More...   $0 (06-14-2018 - MD)

Marie Gillispie v. Regional Care Hospital Partners, Inc. Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

We are asked to determine whether the District Court
erred in dismissing a claim under the “whistleblower”
protection provision of the Emergency Medical Treatment and
Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. The
dispute here arises from Marie Gillispie’s allegations that the
Southwest Regional Medical Center (the “Medical Center”)
terminated her employment because s... More...
   $0 (06-13-2018 - PA)

Mitchell Kushner v. Joseph M. Ventura Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Central Islip, NY - Mitchell Kushner sued Joseph M. Ventura on a personal injury auto negligence theory.... More...   $0 (06-13-2018 - NY)

Nora V. Gupta v. Gail E. McHugh and Joseph McHugh Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Central Islip, NY - Nora V. Gupta sued Gail E. McHugh and Joseph McHugh on personal injury auto negligence theories.... More...   $0 (06-13-2018 - )

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)

In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2013 in Sumner County, Kansas

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

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