AUTO PURCHASE: Verdict properly directed for seller following buyer’s case-in-chief on claim of defective “as is” vehicle, nonconformities not established to support revocation of acceptance… refund not raised below, but MSC, sitting in [Read more…]
Archives for March 2013
Police compensation, on-call, defense verdict
POLICE COMPENSATION: Defense verdict rejecting officers’ claim for on-call compensation supported by substantial evidence, not reversibly similar to bench judgment for EMTs… J. Brown affirmed. [Read more…]
Fuel tax, modified farm truck on highway
FUEL TAX: Modified truck traveling from ranch to obtain feed in town not exempt from diesel fuel tax… DOT/STAB/Seeley affirmed. [Read more…]
Prescriptive easement, destroyed road
PRESCRIPTIVE EASEMENT properly found over destroyed road, Defendant ordered to restore it… Cybulski affirmed (IOR I-3(d)). [Read more…]
Negligent homicide, wrong way on Interstate
NEGLIGENT HOMICIDE: Panelist who expressed concerns about drinking & driving properly not excused for cause… seizure expert properly excluded for lack of connection to Defendant’s driving… DUI as lesser-included of vehicular homicide while [Read more…]
Right to remain silent, interrogation, Miranda
RIGHT TO REMAIN SILENT: Right to cut off interrogation not infringed, Berghuis/Davis adopted (suspect must articulate desire to remain silent sufficiently clearly that officer would [Read more…]
Defense verdict, med-mal, A/V fistula, death
VERDICT: Defense, med-mal, alleged failure to timely revise A/V fistula leading to bleeding death. [Read more…]
Insurance, recommended bat death settlement
INSURANCE: Insurer satisfied Endorsement by recommending settlement of $850,000 verdict by $250,000 from manufacturer and $600,000 from insurer that would satisfy parents of [Read more…]
Insurance, abstention, church sex abuse cases
INSURANCE: Abstention from coverage declaratory request in deference to state court church sex abuse proceedings… request to add claim arising from discovery of 1994 settlement agreement similarly denied… Lovell. [Read more…]
Settlements
Plan I
Calvin Bramsen, low back, 5/11, total, $35,825, Leslae Dalpiaz
Cammie Nichols, knee, 2/12, $27,184, Richard Martin [Read more…]
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