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Rowell v. Clifford
Claim of decedent's survivor based on wrongful death is not dependent on ability of decedent to bring claim.
Torts Nov. 14, 1998
Gust v. Jones
Expert can't testify to opinion outside that contained in his written report.
Torts Nov. 13, 1998
Johnson v. Wal-Mart Stores Inc.
Order
Torts Nov. 12, 1998
Gaines-Tabb v. ICI Explosives USA Inc.
Plaintiff fails to state claim for negligence against manufacturer of ammonia nitrate used in bombing.
Torts Nov. 10, 1998
Snow v. Birt
Defendants who allowed son's dog to stay at their home owed duty of a care to protect third persons from dog.
Torts Oct. 30, 1998
Moore v. Rippy
Order
Torts Oct. 16, 1998
Henderson v. Bear
Remedies provided by the workers' compensation act exclusive where injuries resulted from workplace accident.
Torts Oct. 16, 1998
Bresciani v. Haragan
Information provided by plaintiffs in notice of claim, sufficient to put county on notice under governmental immunity statute.
Torts Oct. 16, 1998
Celli v. Schoell
Order
Torts Oct. 14, 1998
Wilder v. Salvation Army
Order
Torts Oct. 14, 1998
Kinsey v. Case
Order
Torts Oct. 5, 1998
Neustrom v. Union Pacific Railroad Co.
Clearly stated contractual indemnification provision must be given effect.
Torts Oct. 2, 1998
Terrones v. Tapia
Summary judgment appropriate where claims for future profits are not supported by sufficient evidence.
Torts Oct. 1, 1998
Nolde v. Frankie
Inducing plaintiff to forbear filing suit bars assertion of statute of limitations by defendant.
Torts Sep. 24, 1998
Barnes v. Outlaw
One spouse may recover for loss of consortium absent physical injury to the other.
Torts Sep. 24, 1998
Mallon Oil Co. v. Bowen/Edwards Associates Inc.
Worker doesn't commit geophysical trespass by conducting coal bed methane gas tests.
Torts Sep. 16, 1998
Utah Foam Products Co. v. The Upjohn Co.
Acceptance of remittitur precludes appeal of court's rulings at trial.
Torts Sep. 8, 1998
Muniz v. White
Alzheimer's patient not required to appreciate offensiveness of conduct in assault and battery case.
Torts Sep. 3, 1998
Smith v. Belle Bonfils Memorial Blood Center
Exclusion of expert testimony appropriate where it failed to meet the test for novel scientific evidence.
Torts Sep. 3, 1998
Akin v. E.I. DuPont de Nemours & Co.
No duty to warn against potential dangers of chemicals to sophisticated and knowledgeable purchasers.
Torts Sep. 2, 1998
Wilson v. Department of Health and Human Services
Order
Torts Sep. 2, 1998
Maker v. State Farm Mutual Automobile Insurance Company
Order
Torts Aug. 28, 1998
Itin v. Bertrand P. Ungar P.C.
Conversion of property does not constitute criminal theft which would justify an award of treble damages.
Torts Aug. 20, 1998
Fluid Technology Inc. v. CVJ Axles Inc.
Dismissal improper where complaint included sufficient information to establish claim for negligent misrepresentation.
Torts Aug. 20, 1998
Walcott v. Total Petroleum Inc.
Defendant not liable in negligence where criminal acts of third party were not foreseeable.
Torts Aug. 20, 1998
O'Hearon v. Castleview Hospital
Order
Torts Aug. 9, 1998
Wallman v. Kelley
Plaintiffs not required to respond to issues not raised by defendants in motions for summary judgment.
Torts Aug. 5, 1998
Blanke v. Alexander
No error in negligence suit when court informs jury of liability insurance policy's existence.
Torts Aug. 5, 1998
Basolo v. Lubing
Order
Torts Aug. 3, 1998
Suiter v. Mitchell
Selling vehicle without providing correct mileage to buyer violates Motor Vehicle Information and Cost Savings Act.
Torts Aug. 2, 1998