...MOTION TO DISMISS THIS PROCEEDING COMES NOW the Plaintiff, the State of Kansas ex rel. Schmidt, and for their reply to Defendant’s Response to Plaintiff’s Motion to Dismiss this Proceeding, states the following: 1. Defendants state that the Plaintiff seeks a partial dismissal because we ask the Court to retain jurisdiction over the protective order. These two issues though are separate and distinct. Protective Orders normally survive after a disposition of a case because there is still a need to protect confidentially. United Nuclear Corp. v. Cranford Ins. Co., 905 F.2d 1424, 1427-28 (10th Cir. 1990). The terms of a protective order govern its duration and parties are bound by the terms...
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...§ JENNIFER MCFALL, Plaintiff(s) § § § IN THE JUSTICE COURT VS. § § § MATTHEW MACIAS and § PRICINCT 4, PLACE 1 SKYE BANEGAS § DBA: MACIAS LOW COST AUTO, § Defendant(s) § -------------------------------------------x § HARRIS COUNTY, TEXAS PLAINTIFF’S FOURTH AMENDED PETITION The PLAINTIFF, Jennifer McFall, moves the court to amend her Original Petition in accordance to the Texas Rules of Civil Procedure - RULE 63. Amendments and Responsive Pleadings. The Plaintiff demands to incorporate Defendant, SKYE BANEGAS into the civil suit, as she personally appeared before the court and claims to be part owner alongside Matthew Macias in the operation - DBA: Macias Low Cost Auto, located at 5414 Suzanna Lane in Spring, Texas 77389. The Plaintiff is claiming Exemplary Damages, Punitive Damages, Compensatory Damages, in a case audit and demanding the judgement to be increased to the full amount allotted in civil court, of $10,000.00 (Ten Thousand Dollars and zero cents). ARGUMENT The Plaintiff, Jennifer McFall, is seeking the recovery an insurmountable claim for damages and presents a CASE COST AUDIT of damages totaling $12,052.46, attached. The DEFENDANT(s) names are, Matthew Macias and Skye Banegas – DBA Macias Low Cost Auto’s to be included in the Plaintiffs petition and claim, who both appeared ready for the hearing scheduled April 22, 2015. The Plaintiffs argument is based on...
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...STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS JUSTIN KING ) ) PLAINTIFF, ) ) CIVIL ACTIONS NO: ____________________ vs. ) ) ) JUDGE: _____________________________ ANHEUSER BUSCH and ) FRANK CUELLAR ) ) DEFENDANT ) COMPLAINT COMES NOW, plaintiff, Justin King and for his complaint, alleges as follows: 1. Plaintiff, for all times mentioned herein, was a resident of the County of Paxton, State of Illinois. 2. Plaintiff is informed and believes and thereon alleges that defendant, Anheuser Busch, was and is a business primarily operating out of the County of St. Louis, State of Missouri. 3. This is an action for damages in excess of $75,000.00, as required by 28 USC 1332. 4. Plaintiff is informed and believes and thereon alleges that at all times and places herein mentioned defendant, Frank Cuellar, was operating a certain 1992, Nissan UD2000 B, 24ft straight truck, WHITE in color, PLATE NO. 07 MO 968-7RL., fully loaded with cases of Anheuser Busch product. 5. At all times herein mentioned plaintiff was and now is the owner of a certain 2006, Harley Davidson X-73, motorcycle, BLACK in color, PLATE NO. 07 MO 327-HP8 6. At all times herein mentioned Interstate 57 was and now is a public highway running in a general northerly and southerly direction. 7. On or about the 8th day of April, 2004 plaintiff was operating his automobile in a prudent and careful manner in a general southerly direction...
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...filed in the U.S. district Court for the Eastern District of Michigan. Sandra Nelson is a plaintiff in a lawsuit resulting from an automobile accident. Sandra was turning left at a traffic light at the intersection of Jefferson and Mack streets, while the left-turn arrow was green, when she was hit from the side by a car driven by David Namisch, who failed to stop at the light. The accident occurred on June 3, 2011, at 11:30 p.m. David lives in New York, was visiting his family in Michigan, and just prior to the accident had been out drinking with his brothers. Several witnesses saw the accident. One of the witnesses called the police. Sandra was not wearing her seat belt at the time of the accident, and she was thrown against the windshield, sustaining massive head injuries. When the police and ambulance arrived, they did not think that she would make it to the hospital alive, but she survived. She wants to claim damages of $500,000 for medical expenses, $65,000 for lost wages, and $55,000 for property damage to her Rolls Royce. The accident was reported in the local newspaper, complete with photographs. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Sandra Nelson, Plaintiff, vs.David Namsich, Defendant. | )))))))))) | Case No.: ___________________________Complaint For Damages AndDemand For Jury Trial | JURISDICTIONAL ALLEGATIONS 1. That Plaintiff, Sandra Nelson, resides in the City of White Tower, County of White Tower, State of Michigan...
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...In the Dillworth v. Gambardella, 776 F. Supp. 170 (D. Vt. 1991) is a case where the Plaintiff sues a skier that feel and thereby knocking down the plaintiff who feel and injured his back. The jury came back with a defendant verdict and the plaintiff files a motion for a new trial on the grounds that the court made an error in instructing the jury as to the Vermont Sports Injury Statute and its relation to the doctrine of assumption of risk and the applications to this case. The appellate court denied their motion for a new trial and stated “that the sports injury statute applied to participants in any sport.” The Assumption of Risk doctrine states that “when a risk or danger is obvious such that it is widely known by reasonable people under the particular circumstances and necessary such that it is impossible or unreasonably difficult or expensive to eliminate, the person engaged in the dangerous activity assumes those obvious and necessary risks,” such as with the risks of falling in downhill skiing and risk that when done in groups other skiers will fall. The plaintiff in attempt to appeal stated that the assumption of risk only applied to the ski resort operators and their actions not that of other skiers, and that the defendant could be accountable for comparative negligence, as the skier was negligent and that negligence caused the plaintiff’s injuries.The sports injury doctrine, relating to 12 V.S.A. § 1037 “which established that there are inherent dangers...
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...Revision of Manuscript # 17-02-88 Running head: ATTRACTIVENESS AND SEXUAL HARASSMENT Effects of Physical Attractiveness When Evaluating a Male Employee’s Allegation of Sexual Harassment by His Female Employer Karl L. Wuensch and Charles H. Moore East Carolina University Abstract College students (N = 324) served as mock jurors in a simulated civil case in which a male plaintiff accused a female defendant of sexual harassment. The physical attractiveness of the litigants was experimentally manipulated. Mock jurors were asked to decide whether the defendant was guilty or not and to rate their certainty of belief in the defendant's guilt. Jurors were more certain of the guilt of the defendant when the plaintiff was attractive than when he was unattractive. Plaintiff attractiveness significantly affected female jurors’ verdicts when the defendant was unattractive, but not when she was attractive. With male jurors, plaintiff attractiveness significantly affected their verdicts when the defendant was attractive, but not when she was unattractive. Female jurors were more likely than male jurors to conclude that sexual harassment did take place, but only when the litigants were different in attractiveness. Effects of Physical Attractiveness When Evaluating a Male Employee’s Allegation of Sexual Harassment by his Female Employer Physically attractive people are perceived in a more positive fashion than are the physically unattractive (Dion, Berscheid, &...
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...defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill.Rev.Stat.l963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that the amount of the damage award is not supported by the evidence. The plaintiff suffered her injuries in the Keyman's Club building, 4721 West Madison Street in the City of Chicago. Located on the lower level and on the first and second stories of this building were the following: a bowling alley, a barber shop, a cocktail lounge, banquet and meeting rooms, a ballroom and various other...
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...DIANE GERINGER, individually, and as parent and next best friend of TARA GERINGER, and as surviving spouse of William Geringer, decedent, and mother of Jared Geringer, decedent, Plaintiff(s), v. WILDHORN RANCH, INC., a Colorado Corporation, M. R. WATTERS and LES BRETZKE, Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 706 F. Supp. 1442 December 14, 1988 (with professor edits) OPINION SHERMAN G. FINESILVER, CHIEF UNITED STATES DISTRICT JUDGE Plaintiff Diane Geringer brought this action in her own name and as guardian of her minor-daughter Tara Geringer, pursuant to Colorado law, seeking damages for personal injuries and the wrongful death of her husband William Geringer and minor-son Jared Geringer. Jurisdiction before this court is based on diversity of citizenship. 28 U.S.C. § 1332. During August of 1986, the Geringer family was vacationing at the Wildhorn Ranch Resort, a guest ranch located in Teller County, Colorado. William and Jared Geringer drowned during a boating accident on a lake at the Ranch. Paddleboating was among the recreational activities offered by the Resort. At trial, the liability evidence focused on the maintenance and condition of the paddleboats, operation of the Resort, and plaintiffs' conduct in procuring and operating the boat. Plaintiffs' case focused on repairs made a short time prior to the accident and defendants' knowledge that the boats leaked, filled with water, and became unstable. Defendants' case for comparative...
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...required to return the object to Bart. Can Alan insist on the reward before returning the object? Rule: In MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) a pocketbook was found by the plaintiff belonging to Bloch. The pocketbook was found prior to Bloch offering a reward for it’s return. The plaintiff asked for the reward as a condition for the return. The defendant refused and had MacFarlane arrested for larceny. The plaintiff returned the pocketbook and was released. The plaintiff proceeded to sue for the reward. The court determined that the reward should be given to MacFarlane, “it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the returning of the book”and “plaintiff complied with this condition of the offer.” Thus, it completed “the contract, making defendant liable for the award.” The court ruled the plaintiff was entitled to the reward and could hold the lost item until the reward was paid. In Watts v. Ward, 1 Ore. 86 (Or. 1854) horses were found by the defendant and an attempt was made to return them to the plaintiff. However, in the process of delivering the horses they were used for driving cattle, hunting and for the defendants own personal use. Both horses died in the process of returning them. The court ruled in favor of the plaintiff in his action to recover damages for lost horses. It was found that the horses were to be used only as necessary for their return and not to benefit the finder. Further, as related...
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... Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991) Procedural History: Appeal is brought by Plaintiff from the Supreme Court, New York County, after the Supreme Court dismissed the plaintiff’s action against the defendants for rescission and damages related to the purchase of a house. Plaintiff/Appellant asks the Court for an entry of judgment for rescission and damages. Issue: Under New York law, may a homebuyer rescind the purchase contract when an undisclosed condition impairs the value of the property? Holding: The Court determined that a homebuyer may rescind the purchase contract when an undisclosed condition impairs the value of the property. Facts: Plaintiff contracted to buy a house from defendant seller. Plaintiff then discovered that the house was publicly believed to be haunted by ghosts. The seller had perpetuated this belief by publishing an article in Reader’s Digest (1977) and the local newspaper (1982). The seller also included the house in a walking tour and again described it as “haunted” in the local newspaper (1989). The seller did not disclose this information to the plaintiff. Rationale: In real estate transactions, New York adheres to the doctrine of caveat emptor, meaning “let the buyer beware.” Homes are sold “as is” and it is the buyer’s duty to take appropriate measures to properly inspect a property before purchasing it. The Court determined that the plaintiff properly inspected the home and could not have been expected to contemplate that the house...
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...Dillon v Legg is an emotional distress claim. The claim is on or about September 27th, 1964: the defendant David Luther Legg was driving his automobile in a southern direction on Bluegrass Road, close to an intersection called Clover lane in the county of Sacramento. On this same date the plaintiff Margery M. Dillon’s’ daughter Erin Lee Dillon, who is of young age was lawfully crossing Bluegrass Road. The Defendant then hit the plaintiff’s daughter Erin resulting in injuries so severe it resulted in her death. The first complaint was: the defendant should be held liable for compensation for the plaintiff’s loss. The plaintiffs second cause of action was: the defendant is liable for injuries due to negligence. Being the cause of said injuries...
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...5 IN THE CIRCUIT COURT FOR KANSAS CITY, MISSOURI Justin King - Plaintiff v Anheuser Busch - Defendant * * * * * CASE NO. Answer to Complaint COMES NOW, Anheuser Busch, the Defendant, and hereby answers the Plaintiff’s Complaint as follows: PARTIES 1. As to paragraph 1, it is hereby admitted in part. Defendant resides in said county. As for the other allegations, Defendant does not have sufficient knowledge to form a belief as to the truth of the allegations, and on that basis, denies the allegations. 2. As to paragraph 2 and 3, it is hereby admitted in part. One of Anheuser Busch’s trucks was driven in Ford County, Paxton, Illinois, which passed a motorcycle driven by the Plaintiff. 3. As to paragraph 4, it is hereby admitted in part. The Defendant passed the motorcycle in Paxton, Illinois as follows: a. Defendant must flash lights to indicate he wishes to pass. b. The Plaintiff is required to move over if conditions allow. c. Part of Defendant’s shipment did fall off truck, however, Plaintiff, could have slowed down, or swerved a different direction. d. Had the Plaintiff worn protective headgear as required by the State of Missouri, this accident may not have been as sever. Affirmative Defenses 4. The Plaintiff assumed the risk when he decided to not wear protective headgear...
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...Code of Civil Procedure, 1908. ACT [21st March 1908] NO. V OF 1908 An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shall come into force on 1[(3) It extends to the whole of Pakistan.] the first day of January 1909. 2. In this Act, unless there is anything repugnant in the subject or context,(1) "Code" includes rules: (2) "decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation. - A decree is preliminary when further proceedings have to be taken before the suit can be completely dispose of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final; ...
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...Rendering Final Decision: Supreme Judicial Court of Massachusetts III. Identification of Parties and Procedural Details Gail A.Waters Plaintiff, Thomas Beacuchemin., Defendant. IV. Discussion of the Facts: Gail Waters (plaintiff) owned an annuity contract worth $189,000, with a total potential value of $694,000 over 25 years. When Waters was 21, she began dating Thomas Beauchemin (defendant), who had a strong influence over her. He introduced her to drugs and exhausted her credit card accounts. He then suggested that she sell her annuity contract and, as an agent of Min Ltd. (Min) (defendants), initiated negotiations between Waters and Min. Waters contracted to sell her annuity contract to Min for $50,000. In the negotiations, Min was represented by counsel and Waters was not. In recognition of his fostering the sale, Min dropped a $7,000 debt that Beauchemin owed them. Waters brought suit for rescission of the contract on the grounds that it was unconscionable. The trial court found in her favor. Min appealed. V. Statement and Discussion of the Legal Issues in Dispute The defendants contend that the judge erred by (1) finding the contract unconscionable (and by concluding the defendants assumed no risks and therefore finding the contract oppressive); (2) refusing them specific performance; and (3) failing to require the plaintiff to return all the funds received from them. Unconscionability. The defendants argue that the evidence does not support the finding that...
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...Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers Liability Law? Analysis NACCO Material Handling Group, Inc and Swanson Group, Inc. owed a duty to provide a remedy in the form of worker’s compensation for the injured plaintiff based on business and federal requirements that it did provide. NACCO Material Handling Group, Inc and Swanson Group, Inc. also owed a duty to the plaintiff to provide safety measures under the Employers...
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