Archives for 2013

Settlements

October 26, 2013 By lilly

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

October 19, 2013 By lilly

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…]

Dock easement, subsequent owners

October 19, 2013 By lilly

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…]

Access easement, easement by reference to plat

October 19, 2013 By lilly

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

October 19, 2013 By lilly

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

October 19, 2013 By lilly

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

October 19, 2013 By lilly

COUNTY ROAD: Preliminary injunction to block use of allegedly abandoned road denied… Spaulding. [Read more…]

$268,436 verdict, MVA, cervical/shoulder

October 19, 2013 By lilly

VERDICT: $268,435.94, MVA, summary judgment for Plaintiff as to negligence and negligence per se, cervical fusion/shoulder surgery. [Read more…]

Settlements

October 19, 2013 By lilly

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

October 12, 2013 By lilly

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…]