Archives for January 2010

Expert, surgery death, patient marijuana use

January 2, 2010 By Frank

EXPERT: Supervisory control denied as to Neill’s refusal to exclude in advance of med-mal trial or hold Daubert hearing on defense expert testimony as to decedent’s alleged pre-surgery marijuana use… order. [Read more…]

Note/procedure, individual v. company borrowers

January 2, 2010 By Frank

NOTE/PROCEDURE/FEES: Successor judges correctly overruled Henson’s summary judgment for Plaintiff… note specified individuals, not company, lender’s claim against [Read more…]

Airport, restricted access to adjacent business

January 2, 2010 By Frank

AIRPORT: Fact issues preclude summary judgment as to whether City wrongfully restricted access to airplane business with security fence… Curtis reversed. [Read more…]

Protective order, interlocutory

January 2, 2010 By Frank

PROTECTIVE ORDER by McLean interlocutory, not appealable… appeal fees denied… order. [Read more…]

Sentencing, alleged erroneous PSI

January 2, 2010 By Frank

SENTENCING: Defendant waived objection to proceeding with sentencing based on alleged erroneous PSI… Sandefur affirmed. [Read more…]

Seized property, interest in property

January 2, 2010 By Frank

SEIZED PROPERTY: Hearing must be held as to interest in deer antlers and mounts introduced at trial, ownership not established by affirmation of sentence… Rice reversed. [Read more…]

Youth, immaturity incompetency, fire starter

January 2, 2010 By Frank

YOUTH: Equal protection not implicated by youth incompetency based on immaturity vis-à-vis adult mental disease… substantial evidence that 9-year-old house fire starter competent for trial… youth in need of intervention to [Read more…]

Violent offender registration, “address”/“residence,”

January 2, 2010 By Frank

VIOLENT OFFENDER REGISTRATION: Amendment from “street address” to “residence” 1st day of trial insufficient to reverse failure to register conviction… Sandefur affirmed. [Read more…]

Weekly wage calculation, regular time v. overtime

January 2, 2010 By Frank

Weekly wage properly calculated using regular-time rather than overtime rate… ambiguous §39-71-123(1)(a) construed in light of rejection of amendment… Shea. [Read more…]

Repetitive trauma OD, hairstylist, penalty/fees

January 2, 2010 By Frank

Insurer liable for OD from hairstyling repetitive trauma… Claimant entitled to TTD retroactive to when employer ceased modified position, less waiting period… penalty/fees for unreasonable denial… Shea. [Read more…]