NEGLIGENCE: Claims against School Board in suicide of suspended athlete properly rejected on summary judgment for lack of foreseeability… Cybulski affirmed. [Read more…]
Archives for October 2013
Banking, lumber mill/wholesaler assignments
BANKING: Letter from bank president proffered in support of equitable estoppel claim properly excluded as not meeting estoppel elements, verdict that lumber wholesaler owed nothing to lender for alleged violation of assignments between mill and lender [Read more…]
Fraud, particularity/reliance
FRAUD claims properly dismissed for failure to plead with particularity, show reliance on representations… indemnity/contribution claim properly dismissed as relating back to fraud claims… Macek affirmed. [Read more…]
Aggravated assault, shaken baby “channeling”
AGGRAVATED ASSAULT: Dismissal/new trial not warranted by Medical Examiner’s disclosure to State of communications with Defense as to concerns about State’s proposed child abuse expert, alleged cumulative witnesses as to injury extent/cause, victim [Read more…]
Insurance, church sex abuse, policy period
INSURANCE: No duty to defend/indemnity Diocese for alleged sex abuse which occurred prior to 1/1/77 under occurrence-based certificates or that occurred before 7/1/90 under claims-made certificates… unreasonable to require coverage for events that [Read more…]
Title insurance, right of access/legal access
TITLE INSURANCE: Policy adequately insures right of access without insuring that access be based on legal documents establishing an easement… Seeley. [Read more…]
$65,554 verdict, $300,000 settlement, 4 Ps, bus/auto
VERDICT: $65,554, 3 passengers, City bus/auto MVA, admitted liability… $300,000 settlement by driver with alleged brain injury. [Read more…]
$15,000 net verdict, father/son casino altercation
VERDICT: $15,000 net (75% father, 25% Plaintiff son, 0 casino/restaurant), altercation in which casino employee/father fired shots at son, property/PTSD. [Read more…]
Settlements
Plan II
Christopher Hanson, low back, 8/03, trip & fall while carrying drill rods at Stillwater Mine, L5-S1 decompression/fusion surgery 4/21/04, Dr. McDowell found MMI 9/27/04, rated 20% whole person impairment, [Read more…]
Insurance, reasonable basis in law, contract, UTPA
INSURANCE: Breach of contract not ameliorated by reasonableness of breaching party’s actions, insurer incorrectly allowed to raise “reasonable basis in law” defense to contract claims where this Court previously held that it incorrectly [Read more…]
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