INSURANCE: “Corporation by estoppel” properly not applied to avoid comp exclusivity as to injured garage door employee… CGL policy and endorsement do not provide coverage to company contracting with door company… whether agent received contract and knew it specified a [Read more…]
Archives for 2009
Firefighters, entry age limit constitutionality
FIREFIGHTERS: Constitutionality of entry age statute to be determined by judge, not jury, defense verdict vacated but no new trial or reinstatement of claims… age 34 for new firefighters unconstitutionally arbitrary, violative of equal protection… no damages since County relied in good [Read more…]
Incest, chambers exclusion, “grooming” expert
INCEST: Defendant’s exclusion from in-chambers voir dire structural error, conviction reversed, remanded for retrial… child abuse expert qualified, properly allowed to provide general information about “grooming”… prior sexual activity with stepdaughters properly [Read more…]
Evidence, hearsay “adoption,” criminal mischief
EVIDENCE: Criminal mischief Defendant did not adopt friend’s hearsay statement to officer as to intoxicated Defendant’s role in setting dumpster fire… conviction reversed, remanded for new trial… Deschamps reversed. [Read more…]
Restitution, victim affidavit
RESTITUTION: Victim report containing list of medicals insufficient to serve as victim affidavit… remanded for reconsideration of restitution after affidavit requirements have been met… Krueger reversed. [Read more…]
Negligence/insurance, rescue doctrine, advance pay
NEGLIGENCE/INSURANCE: Fact issue as to whether conveyor operator breached duty of reasonable care when he brushed snow off and caught hand, no need to address causation and rescue doctrine as to ice fall by Plaintiff rescuer… since liability not reasonably clear, Plaintiff not [Read more…]
Nursery contract, sub-standard trees
NURSERY CONTRACT: Summary judgment precluded by fact issues on claims by both parties as to allegedly sub-standard trees, whether buyer accepted boiler-plate “Terms & Conditions of Sale” on back of order acknowledgment forms, and fraud/punitives claims… declaratory ruling [Read more…]
Claim timeliness, “implied tolling”
No “implied tolling” while claimant obtains medical evidence, claim denied as untimely… Shea. [Read more…]
Settlements
Plan I
Joanne Tripp, multiple, 9/07, total, $61,000, Steve Carey
Plan II
Albert Erculiani, low back, 4/80, total, $150,000, John Seidlitz [Read more…]
“Casual employment,” cabin construction
Petitioner working on 2nd-home cabin for uninsured employer for 10 months engaged in “casual employment,” UEF not liable… Shea. [Read more…]
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