Archives for 2009

Asbestosis causation, last exposure

July 11, 2009 By lilly

Asbestosis caused by exposure at mill 1993-01, last injurious exposure insurer liable, 25% impairment… Shea. [Read more…]

Settlements

July 11, 2009 By lilly

Plan I

Joseph Brown, knee, 6/07, $30,988, Kevin Duff

No lawyer: Duane Bettger, ear(s), 01, $2,500 [Read more…]

Oil/gas lease, overriding royalty, sublease

July 10, 2009 By lilly

OIL/GAS LEASE: Overriding royalty did not survive term of sublease… Cybulski affirmed. [Read more…]

Medical malpractice, $250,000 verdict, skin cancer

July 4, 2009 By lilly

MEDICAL MALPRACTICE/CPA: $250,000 verdict for CPA violations by cosmetic surgery business for delayed diagnosis of skin cancer, $84,833 fees, defense verdict as to negligence by surgeon and assistants… verdict affirmed… H. Brown affirmed (IOR I-3(d)(v)). [Read more…]

Discrimination, obese RR conductor applicant

July 4, 2009 By lilly

DISCRIMINATION: Obese RR conductor applicant who was rejected without individual risk assessment entitled to daily wages until RR opted not to hire him and to instead pay mandated amounts (RR waived [Read more…]

Discrimination, slippery floors, service dog

July 4, 2009 By lilly

DISCRIMINATION: Request for nonskid floor coverings so service dog would not slip within scope of duty under MHRA… remanded for analysis of whether requested accommodation “reasonable,” whether delay constituted constructive denial, whether HO/HRC damage award reasonable… Honzel reversed. [Read more…]

Work comp, truck CO, cognitive

July 4, 2009 By lilly

WORK COMP: Claimant’s expert as to cognitive effects of truck CO properly relied on… Daubert challenge waived by failure to request hearing…. remanded for determination of indemnity time period… Shea affirmed. [Read more…]

Work comp, wage loss, “disability,”

July 4, 2009 By lilly

WORK COMP: Claimant who had no wage loss not “disabled” under 2005 WCA, qualified for 601(2)(a) time-limit waiver since he lacked knowledge of disability until he sought treatment in 7/07… Shea [Read more…]

Summary judgment, title insurance fact issues

July 4, 2009 By lilly

SUMMARY JUDGMENT: Title insurance contract disputed fact issues improperly resolved on summary judgment… Salvagni reversed.

Amerimont sought a title policy in the name of prospective buyer Monty [Read more…]

Attempted assault with weapon, meth use

July 4, 2009 By lilly

ATTEMPTED ASSAULT WITH WEAPON: Meth use admissible under transaction rule to explain why 3 officers had difficulty subduing smaller gun-grabber and their fear of serious injury… Daubert hearing request insufficiently preserved for appeal… instruction that intoxication is not a [Read more…]