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 ...

Tagged with: duty to defend equitable garnishment medical malpractice Personal Injury & Torts Law

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 ...

Tagged with: jurisdiction personal injury Personal Injury & Torts Law

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 ...

Tagged with: Fraudulent Transfer Personal Injury & Torts Law Standing Transfers to Corporate Owners

Where the family of a man who died in an accident at a assembly plant sued the plant owner for wrongful death, the trial court did not err in refusing to allow a plant witness to testify because he had ...

Tagged with: Dangerous Condition Failure To Warn Personal Injury & Torts Law wrongful death

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 ...

Tagged with: Deliberate Indifference Personal Injury & Torts Law Sexual Assault by Fellow Student Title IX

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 ...

Tagged with: control Negligent Entrustment Personal Injury & Torts Law

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 ...

Tagged with: Assault And Battery Emotional Distress Personal Injury & Torts Law 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 ...

Tagged with: Breach Of Fiduciary Duty fraud Personal Injury & Torts Law Statute Of Limitations

Where a woman, who was injured in a fall from a porch when a railing broke, sued the property owner for premises liability, the plaintiff was a licensee on the property, and she did not produce evidence that the owner ...

Tagged with: Actual Knowledge Dangerous Condition Personal Injury & Torts Law premises liability

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 ...

Tagged with: medical malpractice Personal Injury & Torts Law Statute Of Limitations Third Filing

  Where plaintiff and her husband challenged the admission of photographs of a damaged rental vehicle after a judgment for the plaintiff on her negligence action against a driver who rear-ended her vehicle, the judgment regarding the liability of respondents ...

Tagged with: Admissibility auto accident Negligence Personal Injury & Torts Law Vehicle Photos