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Torts

Negligence: Child Abuse Reporting-Teacher Defendant-Public Duty Doctrine

Where a student and her mother challenged the dismissal of her petition for negligence against a teacher, to whom the student disclosed that another teacher was pursuing a relationship with her, the dismissal of the petition for failure to state ...

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Negligence: Medical Malpractice-Statute of Limitations-Continuing-Care Doctrine

Where plaintiffs brought a medical malpractice action against a clinic and a doctor claiming that the doctor provided negligent post-operative care following an ovarian cyst-removal procedure, allegedly resulting in an infection and infertility, the two-year statute of limitations began running ...

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Negligence: Products Liability-Defective Design-Failure to Warn

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so ...

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Torts: Dog Bite-Proof of Ownership

Plaintiff appealed from the summary judgment entered for defendants. Plaintiff had filed suit on behalf of his minor child for injuries the child suffered from a dog bite. The dog was kept on premises owned by defendants that they leased ...

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Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when ...

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Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s ...

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Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when ...

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Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s ...

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Torts: Defamation-Limited-Purpose Public Figure-Actual Malice

Plaintiff filed suit against defendant, alleging that defendant published false and defamatory statements regarding a criminal complaint filed against plaintiff’s former fleet manager, charging him with theft by swindle. The district court dismissed plaintiff’s complaint, ruling that plaintiff was a ...

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