DUI: Defendant claiming impairment by “date rape” drug may put on automatism defense if able to make out prima facie case… Larson reversed. [Read more…]
Archives for 2012
Violent offender registration, negligent homicide
VIOLENT OFFENDER REGISTRATION properly imposed on Defendant who agreed to it in negligent homicide plea bargain even though negligent homicide not listed in registration statute… McLean affirmed (IOR 3(d)). [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
Sentencing, no association with own daughters
SENTENCING: Defendant who attempted sex with 16-year old improperly barred upon supervised release from association with his daughters absent individualized review and explicit findings supported by evidence that conditions necessary for deterrence, [Read more…]
PTD, job analyses
Petitioner established entitlement to PTD over treating physician’s contrary conclusion… Shea. [Read more…]
Spinal conditions causation
Claimant established that spinal conditions revealed in MRI caused by fall at work 10 months earlier… Shea. [Read more…]
Settlements
Plan I
Paul Pearson, brain, 11/95, Valor accepted liability and settled for $36,000 in 1997 with Petitioner represented by counsel, Petitioner [Read more…]
Sexual harassment/retaliation, travel employee
SEXUAL HARASSMENT/RETALIATION: Insufficient evidence that supervisor’s offensive language/conduct was unwelcomed by employee who participated in “casual joking & flirting,” no [Read more…]
Disability discrimination, seizure alert dog
DISABILITY DISCRIMINATION: $15,000 for emotional distress from refusal to allow seizure alert dog in motel where it had previously been allowed… Gregory Hanchett. [Read more…]
Bench judgment, $198,749 dealership damages
BENCH JUDGMENT: No “incidental obligation” by employer to provide financial disclosure to UEF, UEF waived right to send indemnity claim to collection based on late payments because it accepted late payments… $198,749 consequential damages [Read more…]
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