SUMMARY JUDGMENT improperly granted to product liability Defendant without consideration of Plaintiff’s expert materials “on file” in response to separate motion to exclude witnesses… J. Brown reversed. [Read more…]
Archives for February 2009
Work comp, medical instability, total wage loss
WORK COMP: Insurer not liable for TTD during period of medical instability due to Claimant’s failure to show total wage loss as result of 2005 condition (1994 original OD onset)… Shea affirmed. [Read more…]
Dam repairs, statute of limitations, experts
DAM REPAIRS: Summary judgment for engineers proper based on 3-year tort statute (rather than 8-year contract statute)… summary judgment for repair company proper based on lack of causation between alleged grouting failure and leak… experts properly precluded for untimely disclosure… Langton. [Read more…]
Mental commitment, cognitive disorder, alcohol
MENTAL COMMITMENT: No evidence that cognitive disorder (as opposed to alcoholism or antisocial behavior) caused injury or posed threat… commitment reversed following release… Haynes reversed. [Read more…]
Property taxes, failure to respond to discovery
PROPERTY TAXES: Appeal to STAB properly dismissed for failure to respond to discovery… inadequate Supreme Court appeal briefing… Watters affirmed. [Read more…]
CPA, statute of limitations, certified question
CPA: Certified questions from Haddon as to CPA statute of limitations accepted… order.
Judge Haddon certified the following: [Read more…]
Marital, parenting plan, lack of findings
MARITAL: Lack of findings & conclusions requires remand of parenting plan modification… Phillips reversed.
Lisa and Douglas Banka divorced in 2001 and a parenting plan was [Read more…]
Sentencing, PFO, forgery/embezzlement
SENTENCING: PFO statute correctly applied to forgery/embezzlement defendant… Dayton affirmed.
Margaret Anderson, a deputy Powell Co. treasurer, confessed to forgery in [Read more…]
Sentencing, gambling/alcohol/mental conditions
SENTENCING: Sufficient nexus between embezzlement and gambling restriction, but not alcohol/mental evaluation conditions… Fagg affirmed, reversed. [Read more…]
DUI/sentencing, defective brake lights, gambling
DUI/SENTENCING: Sufficient reason to stop based on no apparent brake lights, even though officer failed to check lights after stop… prior DUI with missing record adequately validated by JP testimony… gambling sentence restriction waived by failure to object… Rice affirmed. [Read more…]
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