INEFFECTIVE ASSISTANCE/RESTITUTION: Challenge of failure to conduct Finley hearing and to restitution waived by failure to object… order to pay counsel costs improperly imposed without inquiry into ability to pay… Fagg affirmed, reversed (IOR I-3(d)). [Read more…]
Archives for October 2013
RR crossing negligence, ice/snow slip & fall
RR CROSSING NEGLIGENCE: City did not owe or breach duty to pedestrian who slipped on snow & ice on pedestrian part of crossing of city street which is also state highway… State owed common law duty to maintain crossing in reasonably safe [Read more…]
$65,000 verdict, inverse condemnation, main break
VERDICT: $65,000, inverse condemnation damage to house from city water main breaks including emotional distress, loss of use. [Read more…]
Insurance/mail fraud, “white glove” policy
INSURANCE/MAIL FRAUD: Materiality lacking in claim under “white glove” mansion policy for living expenses based on ambiguous standard of living clause (not actual cost) even though payment was based on misrepresented [Read more…]
Settlements
Plan I
Rebecca Martin, OD/ribs, 3/11, disputed, $127,500 plus medical annuity, stipulated judgment; John Doubek for Martin, Todd Hammer for Safeway [Read more…]
Property ownership/conversion, held v. deeded
PROPERTY OWNERSHIP/CONVERSION: Claim that Montana property held for Florida drug dealer while he was in prison rather than deeded outright and that deed was forged and funds from dealer’s bank account converted properly rejected in bench [Read more…]
Probate, holographic will, due execution, revocation
PROBATE: Proponent of holographic will presented prima facie case of due execution by signature in block letters, evidence of intent… will not revoked per exclusive statutory ways despite dismissive letter to devisee, suit against alternate devisee… Tucker reversed. [Read more…]
Negligence, low speed MVA, no injury verdict
NEGLIGENCE: Verdict of no injury in low speed MVA affirmed… Sandefur affirmed (IOR I-3(d)). [Read more…]
Discovery, supervisory control petition
DISCOVERY: Supervisory control of Krueger denied in discovery dispute… order. [Read more…]
Marital, support
MARITAL: No abuse of discretion demonstrated as to support order… Gustafson affirmed (IOR I-3(d)). [Read more…]