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Personal Injury & Torts Law

Negligence: Medical Malpractice-Equitable Garnishment-Duty to Defend

Where a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the ...

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Negligence: Personal Injury-Jurisdiction

Where Kansas businesses, which were sued in Missouri by a man who was injured when he was electrocuted while working at an apartment complex in Kansas, sought a permanent writ of prohibition to prevent the trial court from exercising jurisdiction ...

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Torts: Fraudulent Transfer-Transfers to Corporate Owners-Standing

Plaintiff sued defendants, who operated an entity that sold plaintiff’s vehicle-service contracts. Although defendants agreed to pay a share of refunds for cancelled contracts, they failed to do so. Plaintiff alleged that defendants made transfers to themselves to render their ...

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Torts: Sexual Assault by Fellow Student-Title IX-Deliberate Indifference

Plaintiff alleged that she was sexually assaulted twice by a fellow student. Plaintiff reported both incidents to school administrators. Dissatisfied with the school’s response, plaintiff filed the present Title IX action alleging deliberate indifference. The district court granted summary judgment ...

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Negligence: Negligent Entrustment-Control

Where parents whose daughter was killed in an auto accident sued the mother of the allegedly negligent driver of the vehicle in which the daughter was a passenger, arguing that the mother negligently entrusted the vehicle to her son although ...

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Torts; Assault And Battery-Emotional Distress-Statute Of Limitations

Where petitioner sought the dismissal of claims against him for assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress, the assault and battery claims were time barred, but the emotional distress claims properly alleged claims independent ...

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Torts: Fraud-Breach of Fiduciary Duty-Statute of Limitations

Plaintiffs filed a diversity action against defendants, asserting claims of fraud and breach of fiduciary duty. Plaintiffs alleged that defendants had misrepresented and failed to disclose trust assets to them which resulted in shares of stock not being distributed to ...

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Negligence: Medical Malpractice-Third Filing-Statute Of Limitations

Where plaintiffs challenged the dismissal of the third filing of their medical-malpractice action, the statute of limitations and the savings period had expired, and the judgment is affirmed because they could not file their action for a third time under ...

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