SETTLEMENT: $400,000, alleged police pursuit death. [Read more…]
Archives for May 2012
OD aggravation, fees/penalty
Petitioner reached OD MMI for previous injury, permanent aggravation with new employer, unable to work, entitled to indemnity… penalty/fees against subsequent insurer for refusal to pay in dispute between insurers as to undisputed work-related condition… Shea. [Read more…]
Job slip & fall, causation
Work slip & fall after earlier MVA injuries compensable, causation established… Shea. [Read more…]
Mislaid/unreported claims, estoppel
Petitioner reported accidents to employer, employer mislaid paperwork for one injury, failed to prepare report for 2nd… employer’s actions imputed to insurer, equitable estoppel applies, Petitioner entitled to [Read more…]
Settlements
Plan I
Odd Jorgensen, head (hit by golf ball while working for Polson), 7/03, disputed, $150,000 new money, stipulated judgment; Garry Seaman for [Read more…]
Race/disability, prisoner medical care, DT death
RACE/DISABILITY DISCRIMINATION: Failure to provide timely medical care for a prisoner is failure to provide “Government Service”… prisoner with DTs which proved fatal was entitled to adequate medical care and was “otherwise qualified”… failure of jailers to return [Read more…]
FELA, injury claim, termination evidence
FELA: Evidence of termination and PLB report affirming it inadmissible hearsay, irrelevant to whether RR negligently caused conductor’s claimed injuries… defense verdict reversed, remanded for retrial… untimely/ purportedly dishonest injury report relevant to RR’s contention of [Read more…]
Venue, in-state/out-of-state defendants
VENUE improperly changed from Plaintiff’s county to Montana Defendant’s under Nelson and §25-2-122(2) where co-Defendant is out-of-state corporation… Defendant-Appellee’s argument that application of venue statutes infringes equal protection considered despite no AG [Read more…]
Wage claim, truck driver, interstate commerce
WAGE CLAIM: Truck driver improperly precluded from additional evidence to support claim that he should have been paid wages rather than “load rate”… transportation of logs did not involve interstate commerce, wages not exempted from overtime… Dayton reversed. [Read more…]
Marital, inheritance
MARITAL: Property division including inheritance equitably divided despite reliance in part on overturned case law… J. Brown affirmed. [Read more…]