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Torts

Torts: Unlawful Business Services Claim Preclusion

Plaintiff appealed from the dismissal of his claims against defendants. Plaintiff asserted claims of unlawful foreclosure consulting and accessory liability against the defendant attorneys after plaintiff allegedly hired defendants to assist him in preventing the foreclosure of his home. On ...

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Torts: Conversion-Judgment as Discovery Sanction

Defendants appealed the entry of judgment against them as a discovery sanction. Plaintiffs filed suit against defendants for conversion, fraud, civil conspiracy, and breach of fiduciary duty. When defendants filed incomplete responses to plaintiffs’ second discovery requests, the trial court ...

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Torts: False Arrest-Inadequate Investigation-Probable Cause

Plaintiff appealed from the summary-judgment dismissal of his false arrest complaint, arising from his arrest for sexually exploiting a group-home patient under his care, for which plaintiff was ultimately acquitted by jury Where the investigating detective could have conducted further ...

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Negligence: Auto Accident-Proximate Causation-Comparative Fault

Where appellant and respondent both claimed injuries as the result of an auto accident between the appellant’s personal vehicle and a garbage truck driven by respondent, the trial court erred in finding that the appellant could not prove proximate causation ...

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Torts: Motor-Vehicle Accident-Liability for Accident in Backed-up Traffic-Proximate Cause

Plaintiffs appealed from the district court’s adverse grant of summary judgment in their motor-vehicle negligence claim. Plaintiffs sought damages from Roy Brice, who rear-ended a vehicle; the accident caused a severe backup on the highway. Plaintiffs were caught in the ...

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Torts: Train Accident-Forum Non Conveniens

Plaintiffs, all Mexican citizens, filed personal-injury and wrongful-death claims against defendants arising from an accident in which defendants’ train collided with a bus at a train crossing. The trial court dismissed plaintiffs’ complaint under the doctrine of forum non conveniens. ...

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Torts: Product Liability-Personal Jurisdiction

Defendants appealed from the judgment entered against them, awarding plaintiff actual and punitive damages for plaintiff’s use of defendants’ talc products. On appeal, defendants argued that the trial court lacked personal jurisdiction over them. The trial court exceeded its authority ...

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Negligence: Medical Negligence-Future Damages-Attorneys’ Fees

Where plaintiff brought a medical-negligence action against health care providers alleging that a failure to diagnose led to short bowel syndrome requiring extensive ongoing medical care, and both parties appealed following a jury verdict in favor of the plaintiff, the ...

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