NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
|
|
- Norah McDonald
- 8 years ago
- Views:
Transcription
1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. JOHN MACARTNEY, v. Plaintiff-Appellant, NEW JERSEY TRANSIT RAIL OPERATIONS, INC. (NJT), Defendant-Respondent. Submitted November 10, 2015 Decided December 11, 2015 PER CURIAM Before Judges Yannotti, Guadagno, and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L Keller & Goggin, P.C., attorneys for appellant (Voci R. Bennett, on the brief). Hohn & Scheuerle, LLC, attorneys for respondent (John A. Thiry, on the brief). Plaintiff John Macartney appeals from the June 6, 2014 order of the Law Division granting summary judgment in favor of his employer, defendant New Jersey Transit Rail Operations, Inc.
2 (NJT). We have carefully reviewed the facts in the record as well as the applicable law, and we affirm. We glean the following facts from the record. At approximately 7:00 p.m. on September 17, 2009, plaintiff was operating eastbound train X122 as a locomotive engineer for NJT when the train pulled into Waldwick Station. Plaintiff left the train and walked down the platform to the cab car, from which he planned to operate the train in the other direction. Plaintiff placed both hands on "grab irons" on each side of the car and attempted to pull himself into the car. His left foot slipped and he fell. Plaintiff described his fall as "similar to either slipping on ice or possibly like an oil." The slip caused pressure to shift to his right leg, resulting in a torn meniscus and torn quadricep. Both injuries required surgery. Plaintiff also suffered a subsequent infection and a blood clot, necessitating a second surgery. Plaintiff testified that the train he was operating was diesel powered and commonly leaked fluids such as fuel, oil, or waste tank fluid. As he stepped up, plaintiff did not notice anything wet, slippery, or broken, and "everything seemed normal[.]" Plaintiff could not be sure what caused him to fall, and did not notice any oil, debris, or other substance on the platform as he stepped up. Plaintiff was wearing NJT-approved 2
3 footwear, and did not notice any slippery substance on his footwear before operating the train. Plaintiff testified that he was "only guessing that there had to be something on the platform." In April 2013, plaintiff filed a complaint in the Law Division, alleging negligence under the Federal Employer's Liability Act (FELA), 45 U.S.C.A. 51 to 60. Defendant moved for summary judgment which was granted on June 6, The motion judge found that there was no evidence that "there was anything [on the platform] that he could have slipped on," and that a jury would "be stuck with the same sort of speculation that [plaintiff] has." On appeal, plaintiff claims that summary judgment was not warranted under FELA or New Jersey law; NJT failed to provide a safe workplace; and plaintiff established that genuine issues of material fact exist and there is sufficient evidence for a jury to determine that defendant was negligent. In reviewing a motion for summary judgment, we employ the same standard as the trial court. Prudential Prop. & Cas. Ins. Co. v. Boylan, 307 N.J. Super. 162, 167 (App. Div.), certif. denied, 154 N.J. 608 (1998). A motion for summary judgment should be granted if "the pleadings, depositions, answers to interrogatories and admissions on file, together with the 3
4 affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, (1995) (quoting Rule 4:46-2). A genuine issue of material fact exists if "the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Id. at 540. Section 1 of FELA provides: Every common carrier by railroad while engaging in commerce... shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.... [45 U.S.C.A. 51.] To recover under FELA, a plaintiff must establish four elements: (1) "that the defendant is a common carrier by railroad engaged in interstate commerce"; (2) "that they were employed by the defendant and assigned to perform duties which furthered such commerce"; (3) "that their injuries were sustained while they were employed by the common carrier"; and (4) "that their injuries resulted from the defendant's negligence." Felton v. Se. Pa. Transp. Auth., 952 F.2d 59, 62 (3rd Cir. 1991). A 4
5 plaintiff may prove these elements through either direct or circumstantial evidence. See Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500, 508, 77 S. Ct. 443, 449, 1 L. Ed. 2d 493, 500 (1957). FELA is a remedial statute that provides liberal recovery for injured workers, and "vest[s] the power of decision... in the jury in all but the infrequent cases where fair-minded jurors cannot honestly differ whether fault of the employer played any part in the employee's injury." Id. at 510, 77 S. Ct. at , 1 L. Ed. 2d at The standard for determining negligence and causation under FELA is "lenient." Hines v. CONRAIL, 926 F.2d 262, 267 (3d Cir. 1991). "If negligence is proved... and is shown to have 'played any part, even the slightest, in producing the injury,' then the carrier is answerable in damages even if 'the extent of the [injury] or the manner in which it occurred' was not '[p]robable' or 'foreseeable.'" CSX Transp., Inc. v. McBride, 564 U.S.,, 131 S. Ct. 2630, 2643, 180 L. Ed. 2d 637, 652 (2011) (second and third alterations in original) (emphasis omitted) (first quoting Rogers, supra, 352 U.S. at 506, 77 S. Ct. at 448, 1 L. Ed. 2d at 499; then quoting Gallick v. B & O R.R., 372 U.S. 108, , and n.8, 83 S. Ct. 659, 667, and n. 8, 9 L. Ed. 2d 618, , and n.8 (1963)). 5
6 Nonetheless, under FELA, a plaintiff must still show that an employer has breached its duty to exercise reasonable care in providing a safe workplace, which requires a showing that an employer "knows or should know of a potential hazard in the workplace, yet fails to exercise reasonable care to inform and protect its employees." Gallose v. Long Island R.R. Co., 878 F.2d 80, (2d Cir. 1989). FELA "does not make the employer the insurer of the safety of his employees while they are on duty." Ellis v. Union Pac. R.R. Co., 329 U.S. 649, 653, 67 S. Ct. 598, 600, 91 L. Ed. 572, 576 (1947). The basis of liability under FELA must be the employer's negligence, and not just "the fact that injuries occur." Ibid. "[T]hat negligence must be 'in whole or in part' the cause of the injury." Ibid. (citing 45 U.S.C.S. 51). To submit a FELA case to a jury, there must be "a reasonable basis in the record for concluding that there was negligence which caused the injury." Ibid. Where a case turns on controverted facts or the credibility of witnesses, it is "peculiarly one for the jury." Ibid. In this case, even considering the facts in a light most favorable to him, plaintiff has failed to present sufficient evidence that would allow a reasonable factfinder to conclude that his injuries resulted from defendant's negligence. 6
7 Plaintiff asserts that the motion judge erred in granting summary judgment in defendant's favor because a jury could find that "oil or other fluid which [plaintiff] was required to work in while operating the diesel locomotive stayed on his footwear and was a cause of his slipping while boarding the cab car." This assertion is speculative. In his statement, plaintiff noted that "everything seemed normal" on the day he fell, and that "[he] didn't notice anything wet; [he] didn't notice anything slippery; [and he] didn't notice anything broken[.]" Plaintiff has not identified any potential hazard on the platform or on his footwear, let alone one that was under defendant's control and about which defendant should have been aware. The fact that the diesel-powered trains tend to leak fluid does not raise an issue of material fact regarding defendant's negligence. Plaintiff has not presented any evidence of a fluid being present on the day of his fall, or that the train in this case has previously leaked fluid. Plaintiff further argues that the lower court erred because it made a credibility determination, and therefore the case should have been submitted to a jury. The motion judge specifically addressed this argument, stating that "this is not a credibility finding" because this was not a case where plaintiff even made conflicting statements, but rather, "when 7
8 you read all of [plaintiff's] statements together[,] at best his argument is there must have been something there or I would not have slipped...." By his own admission, plaintiff acknowledged that he was "only guessing that there had to be something on the platform." As such, we agree with the motion judge that a jury "would be stuck with the same sort of speculation that [plaintiff] has." We are satisfied that plaintiff cannot establish a claim under FELA as he has failed to produce sufficient evidence for a reasonable juror to conclude that his injuries resulted from defendant's negligence. Affirmed. 8
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. ELI NEIMAN, v. Plaintiff-Appellant, USAA CASUALTY INSURANCE COMPANY, and Defendant,
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. HAN HUNG LUONG, v. Plaintiff-Appellant, FRANK T. GEORGE, and Defendant-Respondent,
More informationIN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CA-01200-COA
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CA-01200-COA HARVEY HALEY APPELLANT v. ANNA JURGENSON, AGELESS REMEDIES FRANCHISING, LLC, AGELESS REMEDIES MEDICAL SKINCARE AND APOTHECARY AND
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUZ RIVERA AND ABRIANNA RIVERA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD MANZI Appellee No. 948 EDA 2015 Appeal from the Order
More information2015 IL App (3d) 140820-U. Order filed July 17, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2015 IL App (3d) 140820-U Order
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. DARYL A. WILLIAMS, v. Plaintiff-Appellant, COUNTY OF SOMERSET, COUNTY OF SOMERSET
More informationCase 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-893 STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-893 WENDY THIBODEAUX VERSUS STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ********** APPEAL FROM THE SEVENTH JUDICIAL
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
TINA L. TALMADGE, v. Plaintiff-Appellant, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION CONNIE S. BURN and ALVAN A. BURN, and Defendants, THE HARTFORD, Defendant/Intervenor- Respondent.
More informationhttps://advance.lexis.com/pages/contentviewprintablepage.aspx
Page 1 of 5 Allstate New Jersey Ins. Co. v. Penske Truck Leasing Allstate N.J. Ins. Co. v. Penske Truck Leasing, 2013 N.J. Super. Unpub. LEXIS 2863 (Copy citation) Superior Court of New Jersey, Appellate
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. FABIO VERGARA, deceased, by the Administratrix of his Estate, Blanca Cardona,
More information2015 IL App (1st) 142157-U. No. 1-14-2157 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 142157-U FOURTH DIVISION September 30, 2015 No. 1-14-2157 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION APPELLANT PRO SE: LLOYD G. PERRY ATTORNEYS FOR APPELLEES: Attorneys for Anonymous Hospital 1, Inc. and Anonymous Medical Facility 1, Inc. MARK W. BAEVERSTAD ANDREW L. PALMISON Rothberg
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
JOE WALKER and JO-ANN WALKER, v. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Plaintiffs-Respondents, QUICK PICK SERVICE, Defendant-Appellant. SUPERIOR COURT OF NEW JERSEY APPELLATE
More informationFourteenth Court of Appeals
Affirmed and Memorandum Opinion filed March 26, 2009. In The Fourteenth Court of Appeals NO. 14-07-00390-CV LEO BORRELL, Appellant V. VITAL WEIGHT CONTROL, INC., D/B/A NEWEIGH, Appellee On Appeal from
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationIn the Court of Appeals of Georgia
THIRD DIVISION ANDREWS, P. J., DILLARD and MCMILLIAN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely
More informationReports or Connecticut Appellate Reports, the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER
Case 7:12-cv-00148-HL Document 43 Filed 11/07/13 Page 1 of 11 CHRISTY LYNN WATFORD, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION v. Plaintiff, Civil Action No.
More informationIN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13. WCC No. 2015-3545 CAR WERKS, LLC. Petitioner. vs. UNINSURED EMPLOYERS FUND
IN THE WORKERS COMPENSATION COURT OF THE STATE OF MONTANA 2015 MTWCC 13 WCC No. 2015-3545 CAR WERKS, LLC Petitioner vs. UNINSURED EMPLOYERS FUND Respondent/Third Party Petitioner vs. JAMES E. GAWRONSKI
More informationOn appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-1988-04.
21ST CAPITAL CORP., v. Plaintiff-Appellant, TIFFANY AND COMPANY, and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Defendant/Third-Party Plaintiff-Respondent, TROY CORP., MIZUHO SECURITIES
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY
[Cite as Uhl v. McKoski, 2014-Ohio-479.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) VICKIE L. UHL C.A. No. 27066 Appellant v. JOHN MCKOSKI, et al. Appellees
More informationDISTRICT OF COLUMBIA COURT OF APPEALS. No. 03-CV-1445. Appeal from the Superior Court of the District of Columbia (CA-3748-02)
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division
PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-10294 Non-Argument Calendar. D.C. Docket No. 8:09-cv-02628-JDW-TBM.
Case: 11-10294 Date Filed: 03/01/2012 Page: 1 of 6 EMMANUEL EBEH, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-10294 Non-Argument Calendar D.C. Docket No. 8:09-cv-02628-JDW-TBM
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS TROY COSMETIC CENTER MARKETING, L.L.C., RENAISSANCE AMBULATORY CENTER, and DR. AENEAS GUINEY, UNPUBLISHED June 1, 2006 Plaintiffs-Appellants, v No. 266909 Oakland Circuit
More informationCase 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No.
Case 0:05-cv-02409-DSD-RLE Document 51 Filed 03/16/2006 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 05-2409(DSD/RLE) Kristine Forbes (Lamke) and Morgan Koop, Plaintiffs, v.
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION STEVEN MORRIS, individually, as surviving spouse of Patricia Morris, deceased, and as the Administrator of the Estate
More informationHow To Get A Summary Judgment In A Well Service Case In Texas
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION JASON LONG, Plaintiff, v. NO. 0:00-CV-000 ABC THE CHABON GROUP, INC., Defendant. DEFENDANT S MOTION FOR SUMMARY JUDGMENT
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationAn action brought against an attorney alleging negligence in the practice of
5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Safe Auto Insurance Company, : Appellant : : v. : No. 2247 C.D. 2004 : Argued: February 28, 2005 School District of Philadelphia, : Pride Coleman and Helena Coleman
More informationIN THE SUPREME COURT OF THE STATE OF NEVADA ORDER OF AFFIRMANCE. This is an appeal from a district court's grant of summary
IN THE THE STATE MARGARET OWENS, Appellant, vs. SANTA BARBARA VILLAGE HOMEOWNERS ASSOCATION, A CORPORATION, Respondent. ORDER AFFIRMANCE No. 49481 FILE APR 3 0 2 TRACIE K. LINDEMAN CLERK BY This is an
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JAMES HENDRICK, v Plaintiff-Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNPUBLISHED May 24, 2007 No. 275318 Montcalm Circuit Court LC No. 06-007975-NI
More informationIN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO BROOKE B. DEMAREE, Plaintiff-Appellant, vs. UNIVERSITY HOSPITAL, Defendant-Appellee, APPEAL NO. C-090892 TRIAL NO. A-0906987
More informationIN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JAMES D. FOWLER, ) ) Plaintiff, ) ) v. ) Case No.: 08-cv-2785 ) UNITED STATES OF AMERICA, ) Judge Robert M. Dow,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DORETHA RAMSEY JACKSON, Plaintiff-Appellee, UNPUBLISHED September 12, 2006 v No. 262466 Wayne Circuit Court HARPER HOSPITAL, LC No. 04-402087-NI Defendant-Appellant.
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. KWABENA WADEER and OFELIA WADEER, v. Plaintiffs-Appellants, NEW JERSEY MANUFACTURERS
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. JANENE RUSSO and GARY RUSSO, v. Plaintiffs-Respondents, CHUBB INSURANCE COMPANY
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.
More informationUnited States Court of Appeals
United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 06-3601 J.E. Jones Construction Co.; The Jones Company Custom Homes, Inc., Now known as REJ Custom Homes, Plaintiffs - Appellants, v. Appeal from
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
FLEMINGTON SUPPLY CO., INC., v. Plaintiff-Appellant, NELSON ENTERPRISES, and Defendant, THE FRANK MCBRIDE CO., INC., NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Defendant-Respondent.
More information****************************************************** The officially released date that appears near the beginning of each opinion is the date the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationAGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d
AGUIRRE v. UNION PACIFIC RR. CO. 597 At the hearing on the motion to withdraw his plea, he requested that the court take judicial notice of a six-page portion of the U.S. statutes. The court took judicial
More informationReports or Connecticut Appellate Reports, the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationTHE TRIAL OF A LEGAL MALPRACTICE CASE: SELECTED PRACTICAL ISSUES BY: DAVID C. PISHKO ELLIOT PISHKO MORGAN, P.A. WINSTON-SALEM, NC
THE TRIAL OF A LEGAL MALPRACTICE CASE: SELECTED PRACTICAL ISSUES BY: DAVID C. PISHKO ELLIOT PISHKO MORGAN, P.A. WINSTON-SALEM, NC The trial of a legal malpractice action raises several practical issues
More informationORDER RE: DEFENDANT S MOTION FOR SUMMARY JUDGMENT
DISTRICT COURT, ARAPAHOE COUNTY, COLORADO 7325 South Potomac Street Centennial, CO 80112 EFILED Document CO Arapahoe County District Court 18th JD Filing Date: Jul 17 2012 6:55PM MDT Filing ID: 45398322
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationIN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL
IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL SARAVIA V. HORMEL FOODS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED
More informationI N T H E COURT OF APPEALS OF INDIANA
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CIVIL ACTION NO. H-10-4634 MEMORANDUM OPINION AND ORDER
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RLI INSURANCE COMPANY, VS. Plaintiff, WILLBROS CONSTRUCTION (U.S.) LLC, et al., Defendants. CIVIL ACTION NO. H-10-4634 MEMORANDUM
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More information2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationCase 2:04-cv-00026-JES-DNF Document 471 Filed 05/16/2007 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
Case 2:04-cv-00026-JES-DNF Document 471 Filed 05/16/2007 Page 1 of 9 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MARCO ISLAND CABLE, INC., a Florida corporation, Plaintiff,
More informationIN THE SUPREME COURT OF THE STATE OF NEVADA
IN THE THE STATE MARLEN REZA, Appellant, vs. STACEY HUDSON, M.D., Respondent. No. 54140 FILED MAY 17 2011 TRACIE K. LINDEMAN CLERK ORDER REVERSAL AND REMANDBY- -- DEPUTY CLER This is an appeal from a district
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-1328 Alpine Meadows Townhome Association, Appellant,
More information57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed
Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS
More informationSUPREME COURT OF ARKANSAS No. 12-408
SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY
More informationCase 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case 1:09-cv-21435-MGC Document 208 Entered on FLSD Docket 06/01/2011 Page 1 of 6 E. JENNIFER NEWMAN, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 09-21435-Civ-COOKE/TURNOFF vs. Plaintiff
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEYS FOR APPELLANT: DAVID L. TAYLOR THOMAS R. HALEY III Jennings Taylor Wheeler & Haley P.C. Carmel, Indiana ATTORNEY FOR APPELLEES: DOUGLAS D. SMALL Foley & Small South Bend, Indiana
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Case Nos. 06-2262 and 06-2384 CON-WAY TRANSPORTATION SERVICES, INC. Appellant No.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Case Nos. 06-2262 and 06-2384 NOT PRECEDENTIAL CON-WAY TRANSPORTATION SERVICES, INC., Appellant No. 06-2262 v. REGSCAN, INC. CON-WAY TRANSPORTATION
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANTS: MICHAEL A. MINGLIN Miller & Minglin, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE: JAMES W. ROEHRDANZ ERIC D. JOHNSON Kightlinger & Gray, LLP Indianapolis,
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A11-2218 Thomas F. Willie, Appellant, vs. Duluth,
More informationDOCKET NO. A-5156-10T2 SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION. 2012 N.J. Super. Unpub. LEXIS 1290
Page 1 SPARTAN OIL COMPANY, Plaintiff-Appellant, v. NEW JERSEY PROPERTY-LIABILITY INSURANCE GUARANTY ASSOCIATION, Defendant-Respondent, and PLANET INSURANCE COMPANY and RELIANCE INSURANCE COMPANY, Defendants.
More informationHow To Prove That An Accident With An Old Car Is A Liability Insurance Violation
UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 01-60902 Summary Calendar LONNA ANTHONY, Plaintiff-Appellant, VERSUS FRANCES DeGRATE; ET AL, Defendants, ENTERPRISE LEASING COMPANY-SOUTHWEST, Defendant-Appellee.
More informationNOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALFREDO MEJIA, ) ) Appellant, ) ) v. ) Case No. 2D13-2248 ) CITIZENS
More informationUNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 11-2390
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2390 MICHAEL C. WORSHAM, Plaintiff Appellant, v. ACCOUNTS RECEIVABLE MANAGEMENT, INC., Defendant Appellee. Appeal from the United
More information****************************************************** The officially released date that appears near the beginning of each opinion is the date the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationIN THE COURT OF APPEALS OF INDIANA
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. MICHAEL TAFFARO, and SCOTT TAFFARO, v. Plaintiff-Appellant, Plaintiff, JAMES
More informationIN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION LAW
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION LAW SCOTT WESCOTT, III, : Plaintiff : : vs. : No. 09-3500 : BRENDA WHITE, : Defendant : Robert G. Bauer, Esquire Richard D. Adamson,
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT D. MAAS Doninger Tuohy & Bailey LLP Indianapolis, Indiana ATTORNEY FOR APPELLEE: THEODORE L. STACY Valparaiso, Indiana IN THE COURT OF APPEALS OF INDIANA
More informationHow To Decide If A Railroad Company Is Negligent
Rel: 09/28/07 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationto add a number of affirmative defenses, including an allegation that Henry s claim was barred
REVERSE and REMAND; and Opinion Filed May 11, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00616-CV DOROTHY HENRY, Appellant V. BASSAM ZAHRA, Appellee On Appeal from the
More informationUNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: Case No. DT 09-08254 AURORA OIL & GAS CORPORATION, Chapter 11 Hon. Scott W. Dales Debtor. / Page 1 of 5 FRONTIER ENERGY, LLC,
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY JACOB MEYERS, by his natural ) mother and next friend JANNA ) LYNN MEYERS, and individually, ) ) Plaintiffs, ) ) C.A. No. N11C-07-009
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: LINDA Y. HAMMEL Yarling & Robinson Indianapolis, Indiana ATTORNEY FOR APPELLEE: DAVID J. LANGE Stewart & Stewart Carmel, Indiana IN THE COURT OF APPEALS OF INDIANA
More informationHow To Find A Hospital Negligent In A Child'S Care
2000 PA Super 205 KATHLEEN BORING, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. CONEMAUGH MEMORIAL HOSPITAL, Appellee No. 1110 WDA 1999 Appeal from the Judgment entered June 15, 1999 in the Court
More informationCircuits For Summary Judgment in PA - Case Law
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION CIVIL Plaintiff v. COLONY INSURANCE COMPANY JOSEPH ROCCO & SONS d/b/a/ HAYDEN CONSTRUCTION, CO.
More informationIn the Missouri Court of Appeals Eastern District
In the Missouri Court of Appeals Eastern District SOUTHERN DIVISION BIRI M. BLEVINS, JOHN T. BUSEY, No. ED99852 AND CHARLES W. JONES, Appellants, Appeal from the Circuit Court vs. of Cape Girardeau County
More information2016 IL App (1st) 133918-U. No. 1-13-3918 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT
2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEE Enterprise Leasing Company of Indianapolis, Inc.: MICHAEL E. SIMMONS CARL M. CHITTENDEN
More informationIn the Court of Appeals of Georgia
SECOND DIVISION JOHNSON, P.J., ELLINGTON and MIKELL, JJ. NOTICE: THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BY THE COURT. September 22, 2009 In the Court of Appeals of Georgia A09A1222. WILLIAMS
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of
More information1370 West Sixth Street, Suite 350 2859 Aaronwood Avenue, NE, Suite 101 Cleveland, Ohio 44113 Massillon, Ohio 44646
[Cite as Jones v. Interstate Fire and Security Systems, Inc., 2004-Ohio-5475.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT EARL JONES, et al. -vs- Plaintiffs-Appellants INTERSTATE FIRE
More informationJones v Granite Constr. Northeast, Inc. 2011 NY Slip Op 31434(U) May 23, 2011 Sup Ct, Queens County Docket Number: 12819/09 Judge: James J.
Jones v Granite Constr. Northeast, Inc. 2011 NY Slip Op 31434(U) May 23, 2011 Sup Ct, Queens County Docket Number: 12819/09 Judge: James J. Golia Republished from New York State Unified Court System's
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. STATE OF NEW JERSEY, v. Plaintiff-Appellant, KENNETH D. McCONNELL JR., Defendant-Respondent.
More informationRULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. Plaintiff James Butterfield claims that Defendant Paul Cotton, M.D., negligently
Butterfield v. Cotton, No. 744-12-04 Wncv (Toor, J., Oct. 10, 2008) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : CIVIL ACTION NO. 08-1877 MEMORANDUM
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA VISUAL COMMUNICATIONS, INC., Plaintiff v. KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., Defendant CIVIL ACTION NO. 08-1877
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 02, 2014 Session CONNIE REDMOND v. WALMART STORES, INC., ET AL. Appeal from the Circuit Court for Davidson County No. 13C3247 Joseph P. Binkley,
More informationIN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION DIAMOND STATE INSURANCE CO., : April Term, 2000 Plaintiff, : v. : No. 0395 : NUFAB CORP.
More informationUnited States Court of Appeals
United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 03-2860 Tamela J. Petrillo, et al., * * Plaintiffs - Appellants, * * Appeal from the United States v. * District Court for the * Northern District
More informationIN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEY FOR APPELLANT: TRENT THOMPSON Salem, Indiana ATTORNEYS FOR APPELLEE: REBECCA J. MAAS KYLE B. DEHAVEN Smith Fisher Maas & Howard, P.C. Indianapolis, Indiana IN THE COURT OF APPEALS
More informationIllinois Official Reports
Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).
More information