OD claim must be mediated, Petitioner’s argument that injury claim includes notice of hybrid OD/injury insufficient to overcome mediation jurisdictional requisite… mediator’s report not admissible in WCC… Shea. [Read more…]
Archives for 2013
Settlements
Plan I
Richard Wicks, upper back, 1/12, $49,011, Kenneth Thomas
No lawyer: Grant Denison, no physical injury, 10, $5,000 [Read more…]
Negligence, favored/disfavored driver
NEGLIGENCE: Dispute as to whether favored driver in uncontrolled intersection maintained adequate lookout raises comparative negligence, precludes summary judgment for favored driver… Wheelis reversed. [Read more…]
Trial administration, time allotment, quitclaim
TRIAL ADMINISTRATION: Bench trial properly managed over claim by Defendant of inadequate time to present evidence for rejected claim for monies paid toward voided quitclaim… Spaulding affirmed. [Read more…]
Wrongful discharge, “best interest of employer,”
WRONGFUL DISCHARGE: Dispute as to whether termination pursuant to “best interest” of employer nullified term contract and rendered Plaintiff at-will should be resolved by arbitrator… McCarter affirmed. [Read more…]
Class action, dam shore damage
CLASS ACTION: All criteria satisfied for certification of property owners claiming shore damage from Kerr Dam operation… Curtis reversed. [Read more…]
Water feud verdict, justifiable force
WATER FEUD VERDICT: $191,000 for Defendants on IIED/interference with business counterclaims in dispute over access to spring affirmed, punitives supported by intentional acts but remanded for statutory review of $50,000 award… [Read more…]
Utilities/procedure, temporary rate decrease
UTILITIES/PROCEDURE: Order denying costs and temporary rate decrease and remanding to PSC is final, appealable order… costs for proceedings in PSC, District Court, MSC properly denied as remand for determination of whether to allow amended [Read more…]
Coal taxes, county apportionment
COAL TAXES: DOR correctly apportioned tax to counties overlying mine… Sherlock affirmed. [Read more…]
DUI, soundless PAST video
DUI: Soundless-video of PAST followed immediately by arrest prompted inference that Defendant failed test, improperly used as substantive evidence without expert foundation… conviction reversed… Haynes reversed. [Read more…]