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Torts

Negligence: Medical Malpractice-Jury Instructions

Defendant appealed from the jury verdict entered against it in the medical-malpractice, wrongful-death case filed by plaintiffs after decedent, an admitted high-risk candidate for surgery, died from complications following surgery. On appeal, defendant argued that the trial court erroneously charged ...

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Negligence: Sexual Battery-Failure to Supervise

Plaintiff appealed from the grant of summary judgment to defendants, dismissing plaintiff’s complaint alleging sexual abuse or battery, negligent supervision, intentional failure to supervise, intentional infliction of emotional distress and breach of fiduciary duty. Where consideration of the issues raised ...

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Torts: Wrongful Death-Fraudulent Transfer to Hinder Creditors

Plaintiffs filed suit against defendant, alleging he and others were responsible for the murder of plaintiffs’ decedent. Plaintiffs asserted a claim for wrongful death and fraudulent transfer, alleging defendant engaged in a series of financial transactions to hinder his creditors. ...

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Negligence: Dangerous Condition of Public Property-Intervening Cause-Sovereign Immunity

Where appellants brought wrongful-death and personal-injury claims against a city after a car accident, arguing that the city waived its sovereign immunity based on the unmarked edge of the roadway with a 9-inch drop, which they alleged was a dangerous ...

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Torts: Motor-Vehicle Accident-References to Liability Insurance

The parties cross-appealed from the judgment in plaintiff’s motor-vehicle-accident case. Defendant appealed the entire judgment and the denial of her motion for a new trial, while plaintiff challenged the reduction of the verdict based upon the percentage of fault assessed ...

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Negligence: Wrongful Death-Damages

The parties cross-appealed from the judgment entered in plaintiffs’ medical-malpractice and wrongful-death claim. Defendants argued that the trial court erred in not reducing the judgment by the amount of the settlement between plaintiffs and a joint-tortfeasor, while plaintiffs argued that ...

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Torts: Wrongful Death-Fraudulent Concealment

Plaintiffs appealed from the denial of their new fraudulent-concealment claims, after defendants moved to dismiss plaintiffs’ wrongful-death claims as barred by the statute of limitations. Plaintiffs argued for tolling the limitations period based on defendants’ intentional efforts to fraudulently conceal ...

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Negligence: Personal Injury-Entitlement to Official Immunity

Petitioner sought a writ prohibiting the trial court from taking any action other than granting him summary judgment in a student’s personal injury action against him. The student alleged that petitioner, an in-school suspension teacher, was negligent in physically restraining ...

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Negligence: Medical Malpractice-Negligent Credentialing

Plaintiff filed a medical-malpractice action against his surgeon, alleging the surgeon caused damage during the surgery. Plaintiff settled with the surgeon and moved to trial against defendant hospital, alleging it negligently granted surgical privileges to the surgeon. The jury returned ...

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Torts: Statutory Trespass to Property-Crop-dusting-Vicarious Liability

Plaintiff filed suit against defendants for trespass, alleging they crop-dusted herbicides on a neighboring farm in a manner that allowed the herbicides to drift onto plaintiff’s farm; plaintiff also asserted a vicarious-liability claim against the neighboring farm owner. After all ...

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