DOCK EASEMENT: Original grant of permission to use dock continued with subsequent owners, Molitor “permission never carries over” rule overruled, claim of adverse possession properly rejected… Stadler affirmed. [Read more…]
Archives for October 2013
Access easement, easement by reference to plat
ACCESS EASEMENT: Transaction documents created valid easement for private access in subdivision by depiction on plat referenced in deed despite no express language or grant of [Read more…]
UI, judicial review petition, no brief
UI: Judicial review petition improperly rejected for lack of brief… DLI not prejudiced by not being served… Jones reversed. [Read more…]
Attempted deliberate homicide, mitigation
ATTEMPTED DELIBERATE HOMICIDE: Juror misconduct claim properly rejected for lack of showing of prejudice… claims of ineffective assistance by standby, collusion with Prosecution, [Read more…]
County road, abandonment, injunction
COUNTY ROAD: Preliminary injunction to block use of allegedly abandoned road denied… Spaulding. [Read more…]
$268,436 verdict, MVA, cervical/shoulder
VERDICT: $268,435.94, MVA, summary judgment for Plaintiff as to negligence and negligence per se, cervical fusion/shoulder surgery. [Read more…]
Settlements
Plan I
Pam Superneau, knee, 9/06, disputed medicals, $30,467, Robert Ogg
Jean Jones, knee, 4/12, disputed, $20,000, Richard Martin [Read more…]
FELA, cumulative trauma, statute of limitations
FELA: Engineer who knew work was possible cause of injury had duty to investigate, pursue potential claims, failed to make cumulative trauma/repetitive injuries claim within 3-year FELA [Read more…]
Mental commitment, right to testify
MENTAL COMMITMENT: Right to testify not denied by Judge’s interruption after familiar figure in commitment proceedings had testified for significant time… McLean affirmed (IOR I-3(d)). [Read more…]
Marital, Rule 60 jurisdiction, maintenance
MARITAL: Jurisdiction not lost over Rule 60 motion upon expiration of 60-day deadline, but whether Judge should have considered the motion mooted by consideration of issue in appeal… maintenance properly awarded… Seeley affirmed (IOR I-3(d)). [Read more…]