Feb. 26
PA - Scott G. Dollinger, J - John Elisor
On Nov. 10, 2007, Donald Asmussen hit John Parker's automobile in an allegedly negligent manner. Plaintiff has provided a schedule of medical expenses charged to him in the amount of $2, 200. Plaintiff was unable to work at his place of employment, Parker Private Investigations, where he had contracted with his clients based on $75/hour at 50 hours per week.
Plaintiff claims for lost income and earning capacity of $45,000. Plaintiff's BMW was damaged, and Defendant's insurance company provided the money for fixing the Beamer.
Plaintiff now asks for $10,000 based on the difference in the market value of the BMW before and after the repairs.
Case No. 08CV0189
PA - John M. Ledyard, J - Lonnie Cox
Plaintiff, American Home, is asking for a reformation of the current Warranty Deed and Deed of Trust so that new documents can rectify the proper signatures for "RE Realty, LLC by Robert Tobola, Manager."
The original closing documents were correct on Feb. 10, 2006, but followed on Mar. 30, 2006, by new documentation for re-financing of the original amount of $90,000. The signatures on the Mar. 30 documentation were incorrect, as "Robert Tobola" was the only signature.
Now comes Plaintiff requesting documents showing re-financing and correction of signatures, all of which should carry the signatures as "RE Realty, LLC by Robert Tobola, Manager."
The new lender [Plaintiff], American Home Mortgage Servicing, Inc. has also placed itself in this petition as American Brokers Conduit.
The new lender has either urged or requested the signing of the new documents. The petition does not show any hostile intent, but we have not seen the defendant's side yet.
Case No. 08CV190
Feb. 28
PA - Smith Pro se, J - Lonnie Cox, 56th Dist.
Plaintiff Smith currently resides in Huntsville in the Wynne Unit as an inmate. Defendant Southern Towing resides in Austin. Plaintiff says that a 1991 truck was stolen in Galveston County, registered legally to Barbara H. Jennings and in the legal possession of Plaintiff Smith.
Smith is the son of Ms. Jennings, who did not know what her son was doing on the date [Sept. 20,2005] that Galveston PD picked him up.
Plaintiff says that Defendant Southside Towing took Smith's or Ms. Jennings' Chevy truck and that Southside Towing subsequently auctioned off the vehicle in Austin without legal process.
Plaintiff says that Southside Towing did not provide of notice of seizure or forfeiture, and further demands compensation and damages for the truck.
Plaintiff asks $6,000 for the truck and $20,000 for the contents of the truck (tools, clothing) and punitive damages against Southside Towing.
Plaintiff pro se has filed his court papers with a "pauper's oath," and an "Unsworn Declaration on Indigency," asking the court to allow him to procede without funds.
Case No. 008CV0199
March 4
PA - Catherine H. Herrington, J - Lonnie Cox, 56th Dist.
Plaintiff Suzanne Koch contracted with Defendant Dr. Polsen for two surgeries, an abdominoplasty and a mastopexy, to be performed on separate days. Abdominoplasty was performed by Dr. Polsen on Jan. 17, 2007.
Plaintiff states that she was "highly disatisfied" with the results of the first procedure performed by Defendants. Plaintiff states that she then refused and canceled the mastopexy and demanded her money back instead of going ahead with the second surgery.
At that point, Defendants agreed to refund the costs of the mastopexy, which were $3,763. A check for $3,763 was issued to the Plantiff, but then "with no explanation or legal excuse," the Defendnts ordered a stop-payment, and no funds were disbursed to the Plaintiff.
Plaintiff says that she has been injured by the Defendants' refusal to pay the $3,763 and that she seeks all the usual damages and costs.
Case No. 08CV218
PA - Matthew D. Shaffer, J - David E. Garner, 10th Dist.
This case is a maritime cause of action associated with Jones Act and health of mariners. Plaintiff says that he has been injured on or about September 2005 and November 2007. Defendant employed the Plaintiff as a deckhand aboard the vessels HMS America and Miss Jennifer Ann.
Plaintiff is claiming negligence in the crews and other employees and agents acting in the course and scope of their employment and the unseaworthiness of the vessels.
Plaintiff says that his injuries included pain, anguish and impairment and also that these states of health (or not) will continue indefinitely as well as possible loss of future earnings.
Plaintiff alleges that Defendant has unreasonably and arbitrarily refused to take care of seaman-Plaintiff's injuries, known as "maintenance and cure."
Seaman Drone is asking for benefits and attorneys' fees. [See also case No. 08CV0225, in this edition.]
Case No. 08CV0219
PA - Matthew D. Shaffer, J - David E. Garner, 10th Dist.
This case is a maritime cause of action associated with Jones Act and health of mariners. Plaintiff says that he has been injured on or about September 2005 and November 2007. Defendant employed the Plaintiff as a deckhand aboard the vessels HMS America and Miss Jennifer Ann.
Plaintiff is claiming negligence in the crews and other employees and agents acting in the course and scope of their employment and the unseaworthiness of the vessels.
Plaintiff says that his injuries included pain, anguish and impairment and also that these states of health (or not) will continue indefinitely as well as possible loss of future earnings.
Plaintiff alleges that Defendant has unreasonably and arbitrarily refused to take care of seaman-Plaintiff's injuries, known as "maintenance and cure."
Seaman Drone is asking for benefits and attorneys' fees. [See also case No. 08CV0225, in this edition.]
Case No. 08CV0219
March 5
PA - Benjamin K. Sanchez, J - David E. Garner, 10th Dist.
Plaintiff Ruth Gee signed a loan and a promissory note on or about April 16, 2004. Now $23,804.07 is owed on the note and is in default including pre- and post-judgment interest.
Plaintiff asserts that the Court should determine the rights, status, and other legal relations under the previous written instruments Tex.Civ.Prac.&Rem., Sec. 37.004.
The Uniform Declaratory Judgments Act is remedial and can be relief from uncertainty. Plaintiff seeks such a declaration from the Court.
Case No. 08CV0222
PA - Thomas W. McQuage, J - John Elisor, 122nd Dist.
Plaintiff Lopez owns improved real estate in Galveston County. Plaintiff and husband acquired the property by General Warranty Deed dated May 6, 1977, including a house and a perimeter fence, which enclosed a property 30 feet wide.
Plaintiff believes and alleges that the fence in question has existed in its present location for about 30 years and was recognized as long ago as 1958 when the H. M. Trueheart Subd. was originally platted.
Plaintiff and her predecessors in title also have continuously used all the property within the fence line and claimed it as their own.
Defendant Schoeffler also owns property in H. M. Trueheart Subd. and has now asserted a claim to a strip of land two feet wide along the east side of the Plaintiff's property. Some person or persons have now erected a steel post and brought in some fencing materials, about two feet within the Plaintiff's original fence line.
Plaintiff alleges that Defendants are attempting to assert a claim of ownership to the two-foot strip within Plaintiff's fence.
Plaintiff now asserts that she has full title to her original property, but Defendants are refusing to turn over the two-foot strip that they marked by the steel post.
Plaintiff states that Defendants have now put a cloud on the title by attempting to maintain ownership while Plaintiff has continuing ownership.Plaintiff will require that Defendants quiet title and remove any adverse claim or impediment or trespass.
Case No. 08CV0223
PA - Matthew D. Shaffer, J - Wayne Mallia, 405th Dist.
Sonnenberg resides in Loveland, Colorado, and Diamond is a Delawaare Corporation d/b/a in Galveston County, and Chalmers et al. is a Louisiana Corporation d/b/a in Galveston County.
The parties are litigating under the Jones Act. Plaintiff Sonnenberg was injured about June 20, 2007. Plaintiff was a drilling consultant aboard the Ocean Champion, controlled by Defendants, Diamond Offshore Drilling, Inc., et al.
Plaintiff alleges that Defendants were negligent and that the vessel was unseaworthy. As a result of Defendants' unreasonable failure to provide Maintenance and Cure, Plaintiff claims he is entitled to recovery for damages and expenses for prolongation or aggravation of injuries, pain and suffering and additional expenses.
Case No. 08CV0225