Archives for 2013

Police compensation, on-call, defense verdict

March 30, 2013 By lilly

POLICE COMPENSATION: Defense verdict rejecting officers’ claim for on-call compensation supported by substantial evidence, not reversibly similar to bench judgment for EMTs… J. Brown affirmed. [Read more…]

Fuel tax, modified farm truck on highway

March 30, 2013 By lilly

FUEL TAX: Modified truck traveling from ranch to obtain feed in town not exempt from diesel fuel tax… DOT/STAB/Seeley affirmed. [Read more…]

Prescriptive easement, destroyed road

March 30, 2013 By lilly

PRESCRIPTIVE EASEMENT properly found over destroyed road, Defendant ordered to restore it… Cybulski affirmed (IOR I-3(d)). [Read more…]

Negligent homicide, wrong way on Interstate

March 30, 2013 By lilly

NEGLIGENT HOMICIDE: Panelist who expressed concerns about drinking & driving properly not excused for cause… seizure expert properly excluded for lack of connection to Defendant’s driving… DUI as lesser-included of vehicular homicide while [Read more…]

Right to remain silent, interrogation, Miranda

March 30, 2013 By lilly

RIGHT TO REMAIN SILENT: Right to cut off interrogation not infringed, Berghuis/Davis adopted (suspect must articulate desire to remain silent sufficiently clearly that officer would [Read more…]

Defense verdict, med-mal, A/V fistula, death

March 30, 2013 By lilly

VERDICT: Defense, med-mal, alleged failure to timely revise A/V fistula leading to bleeding death. [Read more…]

Insurance, recommended bat death settlement

March 30, 2013 By lilly

INSURANCE: Insurer satisfied Endorsement by recommending settlement of $850,000 verdict by $250,000 from manufacturer and $600,000 from insurer that would satisfy parents of [Read more…]

Insurance, abstention, church sex abuse cases

March 30, 2013 By lilly

INSURANCE: Abstention from coverage declaratory request in deference to state court church sex abuse proceedings… request to add claim arising from discovery of 1994 settlement agreement similarly denied… Lovell. [Read more…]

Settlements

March 30, 2013 By lilly

Plan I

Calvin Bramsen, low back, 5/11, total, $35,825, Leslae Dalpiaz

Cammie Nichols, knee, 2/12, $27,184, Richard Martin [Read more…]

Race/disability, $300,000, jail DTs death

March 30, 2013 By lilly

RACE/DISABILITY: $300,000, failure to provide medications to jail inmate who died from DTs… award on remand from HRC reversal of defense finding… Terry Spear. [Read more…]