Plan I
Mary Downey, chemical exposures, 7/8, dispute as to lump sum PTD, $20,000 new money, stipulated judgment; Garry Seaman for Downey, Norman Grosfield for MACoWCT [Read more…]
Archives for 2013
Medical malpractice, fistula bleed death, expert
MEDICAL MALPRACTICE: Plaintiffs’ standard of care instruction properly rejected, Defendant’s instruction on “mere fact of injury” properly given… fistula bleeding death defense verdict affirmed… Seeley affirmed. [Read more…]
Insurance, county port authority fire coverage
INSURANCE: County’s Port Authority qualifies as insured under ambiguous catastrophic excess policy issued to MACo, policy covers loss of buildings within 1,000 of covered buildings including remnants of burned building, reformation properly denied to [Read more…]
Utilities, negligent electricity termination
UTILITIES: Power company may be sued for electricity termination damages… Knisely reversed. [Read more…]
Marital/alter ego, child support
MARITAL/ALTER EGO: Child support funds held in divorce proceedings properly applied toward judgment against corporation in separate alter ego proceeding… Rule 11 fees properly denied… Stadler affirmed (IOR I-3(d)). [Read more…]
Order of protection
ORDER OF PROTECTION: Motion to vacate permanent order properly denied… appeal 13 years late over claim that continuing order can be reviewed anytime… Larson affirmed. [Read more…]
Corporate dissolution, receiver, internet provider
CORPORATE DISSOLUTION: Request by minority shareholder of internet provider for receiver pending dissolution denied… destruction of relevant documents during forced move not shown, but tort of spoliation may not be pled against parties to litigation and no basis for discovery sanction or quashing preliminary [Read more…]
Defense verdict, rear-end MVA, cervical/bicep
VERDICT: Defense, admitted negligence for low-speed rear-end MVA but no causation, cervical/bicep… $310,000 settlement of earlier MVA. [Read more…]
Municipal water right, abandonment
ABANDONMENT: Master erred in concluding that Helena abandoned part of its rights, Helena provided evidence of non-abandonment pursuant to 1999 amendments giving special treatment to [Read more…]
Insurance, temporary substitute auto, procurement
INSURANCE: Whether accident vehicle was “temporary substitute” for insured vehicle in shop irrelevant to whether insured was occupying covered auto as defined by UIM in light of disputed claim [Read more…]
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