PLEA WITHDRAWAL: Withdrawal of nolo plea to endangerment properly denied… Lympus affirmed. [Read more…]
Archives for 2013
$900,000 settlement, city pool heart attack death
SETTLEMENT: $900,000, failure to timely respond to heart attack at City pool, have AED on-site, death… summary judgment rejection by Knisely of City’s negligence/public duty claims. [Read more…]
Ski area operator liability, boulder field crash
SKI AREA OPERATOR LIABILITY: Failure to warn/negligence claims by skier injured in crash into boulder field obscured by unmarked cat track survive summary judgment notwithstanding statutory definition of “inherent dangers and risks of skiing”… Christensen. [Read more…]
$11,943 verdict, contract, metals for recycling
VERDICT: $11,943, breach of contract for sale/purchase of metals for recycling. [Read more…]
Settlements
Plan I
Tony Donn, multiple, 2/13, $18,500, Chris Helmer [Read more…]
Insurance, personal property of another
INSURANCE: Damage to personal property of another stored on insureds’ property excluded by intentional acts of insured taking possession, claiming ownership, using… insurer properly [Read more…]
Accountant malpractice, erroneous 1031 advice
ACCOUNTANT MALPRACTICE: Tort claim alleging erroneous advice as to 1031 exchange of related-party properties timely filed, jury question as to timeliness of misrepresentation claim, summary rejection of claims as time-barred improperly [Read more…]
LLC, individual liability for truck repairs
LLC: Individual liability for truck repairs improperly imposed on member… Bidegaray reversed. [Read more…]
Child sex abuse, cybersex sting
CHILD SEX ABUSE: Statute not overbroad or violative of Commerce Clause, collateral internet chat logs properly introduced to show motive, intent, absence of mistake as to age of purported 14-year-old with whom Defendant had cybersex [Read more…]
Medical records privacy, surveillance concerns
MEDICAL RECORDS PRIVACY: Letter from physician to MSF expressing concern about surveillance video undermining what he was led to believe falls under authorized communication, not breach of privacy or physician/patient, not knowingly assisting in prosecution, claims against doctor dismissed on summary [Read more…]
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