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Recent Cases - MoreLaw.com
Recent Cases - Morelaw.com

• P. Valerie Knowlton v. Suzzanne Knowlton Schultz, et al.
  {1} Plaintiffs-appellants, P. Valerie Knowlton and Norma Knowlton, executor of the estate of Peter M. Knowlton, (collectively the children) appeal a judgment of the Hamilton County probate court in favor of defendants-appellees, Charles Lindberg and Fifth Third Bank, the executors of the estate of Austin E. Knowlton and the trustees of the Austin E. Knowlton Trust (collectively the esta
• Patrick A. Major v. Western Home Insurance Company
  In this insurance bad faith action arising out of the destruction of Patrick A. and Elsa L. Major's (together the Majors) home in the Cedar Fire in October 2003, their insurer, Western Home Insurance Company (Western), appeals from a jury verdict against it totaling approximately $1.3 million dollars, consisting of $31,359.55 in economic damages, $450,000 in noneconomic damages, $189,000 in attorn
• Adam Rankin v. Longs Drug Stores California, Inc.
  Plaintiff Adam Rankin filed this lawsuit alleging that defendant Longs Drug Stores California, Inc. (Longs) violated California law because Longs's employment application contained a question (the question) asking whether Rankin had been convicted of a crime involving the use or possession of illegal drugs during the preceding seven years.1 Rankin sought, on behalf of himself and all others simila
• John Sandoval v. Los Angeles County Department of Public Social Services
  In the underlying action, the trial court granted nonsuit on appellant John Sandovals claim for violation of due process against respondent Los Angeles County Department of Public Social Services (DPSS). Following a jury verdict in favor of DPSS on Sandovals remaining claims against DPSS for civil rights violations and wrongful termination, the trial court entered judgment for DPSS and denie
• Julie Ann Wilson v. County of Orange
  Julie Ann Wilson appeals from a judgment in favor of her employer the County of Orange (the County). Wilson is a radio dispatcher at the Orange County Sheriffs Departments (the Department) county-wide emergency communications system. She sued the County under the Fair Employment and Housing Act (FEHA) (Gov. Code, 12940, subds. (m) & (n)),1 contending it failed to make reasonable accommoda
• Metro Lights, LLC v. City of Los Angeles
  We must determine whether a city violates the First Amendment by prohibiting most offsite commercial advertising while simultaneously contracting with a private party to permit sale of such advertising at city-owned transit stops.IThis case lies at the crossroads of two courses of action that the City of Los Angeles has followed. First, in December 2001, the City entered into a contract with Viaco
• Episcopal Church Cases
  In this case, a local church has disaffiliated itself from a larger, general church with which it had been affiliated. Both the local church and the general church claim ownership of the local church building and the property on which the building stands. The parties have asked the courts of this state to resolve this dispute. When secular courts are asked to resolve an internal church dispute ove
• Mercury Insurance Company v. David Douglas Perarson
  David Douglas Pearson was struck by an uninsured motorist while crossing an intersection on foot. Pearson was listed as an additional driver under an automobile insurance policy issued by the Mercury Insurance Company (Mercury) to Pearsons fiance as the named insured. Asserting that the uninsured motorist provisions of the policy did not cover Pearson for injuries suffered in a pedestrian acc
• T.W. Nickerson, Inc. v. Fleet National Bank
  This case involves a dispute about property in Chatham. We summarize the facts, relying on the findings made by the Superior Court judge following a jury-waived trial, and supplementing where necessary by undisputed record evidence.A. Procedural background. T.W. Nickerson, Inc. (plaintiff), is a Massachusetts corporation, which operates a "stump dump" business on the subject property.In its second
• C.R. v. Tenet Healtcare Corporation, et al.
  Plaintiff, C.R., appeals from a judgment entered in favor of defendant, Tenet Healthcare Corporation, after her demurrer was sustained without leave to amend her first amended complaint. Plaintiff alleged she was a patient at Encino Tarzana Medical Center (the medical center). She was molested by, Ramon Eduardo Gaspar, one of defendants employees. We reverse the dismissal order. Upon remittitur
• Estate of Kornak v. Anesco
  In the case of Estate of Kornak v Anesco, James Kornak, a 35-year-old man, was admitted to Broward General Medical Center to have a pacemaker implanted. The first procedure was unsuccessful, and he was scheduled for the procedure again the next day. Overnight his respiratory condition decompensated but nonetheless he was taken into surgery the next day. He suffered respiratory failure and died
• Kevin Blum, Jr., by his Guardina ad litem, Jason Studinski, WEA Insurance Corportion v. 1st Auto & C
  1 The issue on this appeal is the proper construction of the uninsured motorist (UM) provision in an insurance policy as applied to the situation in which the alleged tortfeasor who operated the motor vehicle was insured but the vehicle was not insured. We conclude that the policy provision is ambiguous because the title of the UM section is Uninsured Motorist while the insuring cl
• Amanda Jean Odom v. Wayne County and City of Detroit
  In this case, we are asked to determine when a governmental employee is immune from liability for an intentional tort. We hold that MCL 691.1407(3) of the governmental tort liability act (GTLA), which explicitly maintains the law of intentional torts as it existed before July 7, 1986, grants immunity to governmental employees from intentional-tort liability to the extent allowed by the commo
• Richard B. Richardson v. William P. Weatherford, et al.
  Richard B. Richardson ["Richardson"] timely appeals the trial court's final judgment in favor of Clifford E. Hooper ["Hooper"]. Specifically, Richardson appeals the order dismissing Richardson's claim against Hooper contained in count one of Richardson's amended third party complaint. On March 4, 2004, CDL Group, Inc. ["CDL"] sued Richardson, alleging that Richardson violated Florida's interest an
• Charlene M. Bifulco v. Patient Business & Financial Services
  Appellant, Charlene Bifulco appeals from a final summary judgment entered in favor of her former employer, Patient Business & Financial Services, Inc., on her complaint alleging that PBFS violated Florida's Private Whistle Blower Act and Workers' Compensation Law when it terminated her employment for retaliatory purposes. We affirm without discussion as to the private whistle blower count but reve
• Ahmed Tavakoly and Beverlyn Tavakoly v. Fiddlers Green Ranch of Florida, Inc.
  Ahmed Tavakoly and his wife, Beverlyn, appeal from a final judgment entered after a jury trial and an order denying new trial in connection with their action to recover damages for personal injuries sustained by Ahmed when he was thrown from a horse owned by appellee Fiddlers Green Ranch of Florida, Inc. (Ranch). The appellants raise several points on appeal, only one of which we find meritorious.
• Tim Duda v. Phatty McGees, Inc. d/b/a Hooky Jacks
  [1.] During a fist fight in a nightclub, when a beer bottle was broken over his friends head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent
• Ruth M. Dwyer v. Ruth M. Dwyer & another
  Ruth M. Dwyer, trustee of The Dwyer Family Realty Trust (trustee and trust, respectively), commenced this action in the Supreme Judicial Court for Suffolk County, pursuant to G.L. c. 215, 6, seeking reformation of the trust. She alleges that, because of drafting errors, the trust as written fails to give effect to one of the donor's principal estate planning g