| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 97-6289 
 | 
Kinsey v. Case
 Order  | 
Torts | 
 | 
Oct. 5, 1998 | |
| 
 96-3266, 97-3077 and 97-3209 
 | 
Neustrom v. Union Pacific Railroad Co.
 Clearly stated contractual indemnification provision must be given effect.  | 
Torts | 
 | 
Oct. 2, 1998 | |
| 
 97CA1586 
 | 
Terrones v. Tapia
 Summary judgment appropriate where claims for future profits are not supported by sufficient evidence.  | 
Torts | 
 | 
Oct. 1, 1998 | |
| 
 97-0276 
 | 
Nolde v. Frankie
 Inducing plaintiff to forbear filing suit bars assertion of statute of limitations by defendant.  | 
Torts | 
 | 
Sep. 24, 1998 | |
| 
 96-0616 
 | 
Barnes v. Outlaw
 One spouse may recover for loss of consortium absent physical injury to the other.  | 
Torts | 
 | 
Sep. 24, 1998 | |
| 
 97SC150 
 | 
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 | |
| 
 97-4007 and 97-4008 
 | 
Utah Foam Products Co. v. The Upjohn Co.
 Acceptance of remittitur precludes appeal of court's rulings at trial.  | 
Torts | 
 | 
Sep. 8, 1998 | |
| 
 97CA0777 
 | 
Muniz v. White
 Alzheimer's patient not required to appreciate offensiveness of conduct in assault and battery case.  | 
Torts | 
 | 
Sep. 3, 1998 | |
| 
 97CA0800 
 | 
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 | |
| 
 97-6030 
 | 
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 | |
| 
 98-2054 
 | 
Wilson v. Department of Health  and Human Services
 Order  | 
Torts | 
 | 
Sep. 2, 1998 | |
| 
 97-6260 
 | 
Maker v. State Farm Mutual Automobile Insurance Company
 Order  | 
Torts | 
 | 
Aug. 28, 1998 | |
| 
 96CA2255 
 | 
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 | |
| 
 97CA0382 
 | 
Fluid Technology Inc. v. CVJ Axles Inc.
 Dismissal improper where complaint included sufficient information to establish claim for negligent misrepresentation.  | 
Torts | 
 | 
Aug. 20, 1998 | |
| 
 97CA0966 
 | 
Walcott v. Total Petroleum Inc.
 Defendant not liable in negligence where criminal acts of third party were not foreseeable.  | 
Torts | 
 | 
Aug. 20, 1998 | |
| 
 96-4140 
 | 
O'Hearon v. Castleview Hospital
 Order  | 
Torts | 
 | 
Aug. 9, 1998 | |
| 
 97CA0838 
 | 
Wallman v. Kelley
 Plaintiffs not required to respond to issues not raised by defendants in motions for summary judgment.  | 
Torts | 
 | 
Aug. 5, 1998 | |
| 
 96-5200 
 | 
Blanke v. Alexander
 No error in negligence suit when court informs jury of liability insurance policy's existence.  | 
Torts | 
 | 
Aug. 5, 1998 | |
| 
 97-8109 
 | 
Basolo v. Lubing
 Order  | 
Torts | 
 | 
Aug. 3, 1998 | |
| 
 96-5154 and 96-5159 
 | 
Suiter v. Mitchell
 Selling vehicle without providing correct mileage to buyer violates Motor Vehicle Information and Cost Savings Act.  | 
Torts | 
 | 
Aug. 2, 1998 | |
| 
 96-0577 
 | 
Piner v. Superior Court (Jones)
 Plaintiff isn't required to apportion damages between negligent defendants when causation is indivisible.  | 
Torts | 
 | 
Jul. 29, 1998 | |
| 
 97-3086 
 | 
Saporito v. Board of Commissioners of the County of Labette, Kansas
 Order  | 
Torts | 
 | 
Jul. 28, 1998 | |
| 
 96-0615 
 | 
Bishop v. Pecanic
 Intentional tortfeasors are entitled to have judgment reduced by settlement amount of settling co-tortfeasors.  | 
Torts | 
 | 
Jul. 28, 1998 | |
| 
 97CA0832 
 | 
Bartlett v. Elgin
 Statute of limitations for medical malpractice does not run against a minor where no legal representative appointed.  | 
Torts | 
 | 
Jul. 24, 1998 | |
| 
 97-2271 
 | 
Backman v. United States of America
 Order  | 
Torts | 
 | 
Jul. 24, 1998 | |
| 
 97-7119 
 | 
Russell v. Yellow Freight System
 Order  | 
Torts | 
 | 
Jul. 23, 1998 | |
| 
 97CA0998 
 | 
Perez v. Grovert
 Owner of leased premises owes no duty to third parties for dangerous condition of premises.  | 
Torts | 
 | 
Jul. 22, 1998 | |
| 
 94-0202 
 | 
Hutcherson v. City of Phoenix
 Apportionment of fault between 911 operator and perpetrator of crime is unjustified and warrants remand.  | 
Torts | 
 | 
Jul. 15, 1998 | |
| 
 B084899 
 | 
Khawar v. Globe International Inc.
 Jury award is substantiated for private figure who sues tabloid for accusations of assassination involvement.  | 
Torts | 
 | 
Jul. 15, 1998 | |
| 
 G015462 
 | 
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 | 
