Smith v. Paxton Media Group, LLC (MLW No. 79638/Case No. 22-2342 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Miller, J.
Read More »Torts: Slip and Fall-Forum Non Conveniens
Crawford v. Family Tree, Inc. (MLW No. 79612/Case No. WD85628 – 15 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Jackson County, Roldan, J. (Michael Rader, Leawood, KS; Anthony Dewit, Leawood, KS; and Austin Green, Leawood, KS for appellant) (Karl Kuckelman, Overland Park, KS; and Thomas Fiegener, Overland Park, KS for respondent)
Read More »Torts: Pedestrian Accident-FTCA-Failure to Exhaust Administrative Remedies
A.M.L. v. U.S. (MLW No. 79520/Case No. 21-3176 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, District of Minnesota, Doty, J. (Paul W. Rogosheske, of South St. Paul, MN, for appellant) (Gregory G. Booker, AUSA, of Minneapolis, MN, for appellee)
Read More »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 ...
Tagged with: Child Abuse Reporting public-duty doctrine Teacher Defendant
Read More »Negligence: Exposure to Asbestos-Causation
Where the family of a man who died from asbestosis sued the manufacturer of asbestos-containing boilers, which the man inspected as part of his job, the summary judgment record presented a genuine dispute to be decided by a jury as ...
Tagged with: Causation Exposure to Asbestos
Read More »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 ...
Tagged with: Continuing Care Doctrine medical malpractice Statute Of Limitations
Read More »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 ...
Tagged with: defective design Failure To Warn products liability
Read More »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 ...
Tagged with: dog bite Proof of Ownership
Read More »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 ...
Tagged with: product liability Stream of Commerce Sufficiency Of Evidence
Read More »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 ...
Tagged with: Denial Of Coverage motor vehicle accident underinsured motorist coverage
Read More »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 ...
Tagged with: product liability Stream of Commerce Sufficiency Of Evidence
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