Plan I
Robert Lanman, lungs, 9/04, MMIA agrees to accept asbestos-related disease as compensable OD, Petitioner not currently [Read more…]
Archives for May 2013
Insurance, duty to procure UIM/med-pay
INSURANCE: Fact issues preclude summary judgment as to whether agent was negligent in not procuring UIM and only $5,000 med-pay when insureds sought same coverage in [Read more…]
Probate, income from 2032A property
PROBATE: Beneficiary of ranch including 2032A property also entitled to income from 2032A property, properly allowed to object to amended final accounting which distributed income to siblings as part of residuary estate… H. Brown affirmed. [Read more…]
Marital, incarceration support reduction
MARITAL: Incarceration not grounds for support reduction… Baugh affirmed (IOR I-3(d)). [Read more…]
Martial, trucking company division
MARITAL: Complicated trucking company assets & liabilities divided as equitably as possible… Simonton affirmed (IOR I-3(d)). [Read more…]
Community caretaker, out-of-gas motorist, shrooms
COMMUNITY CARETAKER properly applied to allow check on out-of-gas motorist to escalate to claimed acceptance of offer of ride and ID check that disclosed outstanding warrant and drugs over Defendant’s claim that ride offer was [Read more…]
Sexual assault, prior recorded interview
SEXUAL ASSAULT: Evidence of girl’s prior statement via recorded interview properly admitted, not violative of confrontation, hearsay… untimely motion for new trial and hearing on competency of trial attorney properly denied… ineffective assistance claims more amenable to [Read more…]
Procedure, default judgment, late State’s brief
PROCEDURE: Defendant not entitled to default for State’s late brief… Salvagni affirmed (IOR I-3(d)). [Read more…]
Postconviction DNA, identity not at issue
OSTCONVICTION DNA TESTING not available where identity not significant issue, fact issues waived by guilty plea… Larson affirmed (IOR I-3(d)). [Read more…]
$41,000 verdict, $2.5 million consent, home defects
VERDICT: $41,000, construction defects alleged by subsequent purchasers of $11.5 million vacation home, $2.5 million consent judgment by previous owners. [Read more…]