Tag Archives: Common Law

Insurance – Auto – UIM — Domestic Relations – Common Law Marriage – Rebutted Presumption – No Stacking (access required)

Motsinger v. Nationwide Mutual Insurance Co Although plaintiff showed that she and William Workman exchanged rings in a family-only ceremony and then held themselves out to friends as husband and wife, the presumption in favor of the couple’s common law marriage was rebutted by evidence that they did not intend to be married:

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Civil Practice Preemption – Tort/Negligence – Cell Phone Service – Prisons & Jails – Hit Ordered (access required)

Johnson v. American Towers, LLC : Plaintiffs allege that a prisoner used a cell phone to order a co-conspirator outside the prison to shoot plaintiff Robert Johnson. Plaintiffs’ claim against cell phone service providers and cell tower owners is preempted by federal law. Defendants’ motion to dismiss is granted, except as to defendant Sprint Cellular Co. of South Carolina

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Tort/Negligence – Dog Attack – Landlord/Tenant – Common Area – Strict Liability -Common Law – Attractive Nuisance – First Impression (access required)

Clea v. Odom Where the respondent-landlord knew a tenant’s dog was chained to a tree in the common area over which the landlord had control, there was a genuine issue of material fact as to whether the landlord had the dog in his keeping - within the meaning of our “dog bite statute” — when it attacked a two-year-old. Moreover, the landlord may be liable under the Residential Landlord Tenant Act. We reverse summary judgment for the landlord on the issues of strict liability and common law negligence. We affirm summary judgment for the landlord on the claim of attractive nuisance.

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