Plan I
Bobbi Hereford, wrist, 8/10, total, $120,000, Robert Ogg
No lawyer: Jay Bridgewater, mult, 10, $28,918 [Read more…]
Archives for May 2013
Wrongful discharge, defense, truck stuck in pond
WRONGFUL DISCHARGE: Employee properly fired for getting truck stuck on frozen tailings pond while off-duty in disregard for safety and liability… trial rather than requested summary judgment… John Sullivan. [Read more…]
Insurance, “tough love” school suicide
INSURANCE: CGL/excess insurers had duty to defend “tough love” school against teen suicide claims, liable for $3 million consent judgment plus $568,767 interest… $1,188,399 fees improperly awarded based on judgment and contingency in underlying case, remanded for recalculation on [Read more…]
Attorney fees collection, $94 owed, $5,020 default
ATTORNEY FEES COLLECTION: Pro ses’ motion for relief from default judgment in fee collection action properly denied as untimely under 2009 version of 60(b)(3) (60 days v. 1 year under 2011 version)… $808.80 fees incurred in pursuing [Read more…]
Wage claim, actual v. claimed employer
WAGE CLAIM: Named employer failed to raise & prove assertion that actual employer is motel entity, wage award properly affirmed… Sandefur affirmed (IOR I-3(d)). [Read more…]
Procedure, appeal of standing master’s f&c
PROCEDURE: Appeal to this Court of standing master’s findings & conclusions not ripe absent objections within 10 days, final decision by District Court… standing masters, special masters distinguished… opinion & order. [Read more…]
Community caretaker, DUI
COMMUNITY CARETAKER properly applied, properly ripened into DUI investigation, license seizure… Jones (IOR I-3(d)). [Read more…]
IAD, probation violations, civil v. criminal
IAD not applicable to probation violations, even assuming appeal timely as continuation of criminal case rather than civil… Stadler affirmed (IOR I-3(d)). [Read more…]
$59,820 judgment, terminal cancer misdiagnosis
BENCH JUDGMENT: $59,820 ($58,600 emotional distress, $200 for “last” birthday party, $1,020 for pre-need funeral agreement), VA doctor misdiagnosis of terminal brain cancer, prognosis of imminent death, when correct diagnosis was stroke… Molloy. [Read more…]
Settlement re-open
Settlement re-open, including medicals, denied… pro se’s motion to exclude documents denied for failure to provide proof of service… Shea. [Read more…]