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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
Piner v. Superior Court (Jones)
Plaintiff isn't required to apportion damages between negligent defendants when causation is indivisible.
Torts Jul. 29, 1998
Saporito v. Board of Commissioners of the County of Labette, Kansas
Order
Torts Jul. 28, 1998
Bishop v. Pecanic
Intentional tortfeasors are entitled to have judgment reduced by settlement amount of settling co-tortfeasors.
Torts Jul. 28, 1998
Bartlett v. Elgin
Statute of limitations for medical malpractice does not run against a minor where no legal representative appointed.
Torts Jul. 24, 1998
Backman v. United States of America
Order
Torts Jul. 24, 1998
Russell v. Yellow Freight System
Order
Torts Jul. 23, 1998
Perez v. Grovert
Owner of leased premises owes no duty to third parties for dangerous condition of premises.
Torts Jul. 22, 1998
Hutcherson v. City of Phoenix
Apportionment of fault between 911 operator and perpetrator of crime is unjustified and warrants remand.
Torts Jul. 15, 1998
Khawar v. Globe International Inc.
Jury award is substantiated for private figure who sues tabloid for accusations of assassination involvement.
Torts Jul. 15, 1998
Voigts v. Brutoco Engineering & Construction Co. Inc.
General contractor isn't subject to tort liability for subcontractor's negligence causing employee's injury.
Torts Jul. 15, 1998
Hutcherson v. City of Phoenix
Jury can apportion fault for wrongful death without distinguishing between intentional and negligent conduct.
Torts Jul. 10, 1998
Doe v. High-Tech Institute Inc.
Blood test disclosure is actionable as unreasonable intrusion upon seclusion.
Torts Jul. 10, 1998
Davenport v. Community Corrections of the Pikes Peak Region Inc.
Community corrections facility isn't liable for injuries caused by intoxicated resident's car accident.
Torts Jul. 8, 1998
Bayer v. Crested Butte Mountain Resort Inc.
Order
Torts Jul. 6, 1998
Kea v. Mathews
Testimony of decision to make organ donation is admissible to prove damages.
Torts Jun. 26, 1998