NEGLIGENCE: Evidence of trauma/depression from husband’s sex abuse of daughter 20 years before MVA properly admitted to rebut wife’s brain trauma claim from MVA over relevancy/causal [Read more…]
Archives for November 2014
Inverse condemnation, appeal fees/costs
INVERSE CONDEMNATION: Landowners properly awarded fees/costs incurred during prior appeal as prevailing party in street widening litigation… McLean affirmed. [Read more…]
Mental commitment, noncompliance with meds
MENTAL COMMITMENT: Sufficient evidence that person was unable to provide for health & safety due to noncompliance with meds to support commitment… not necessary to address whether she would predictably deteriorate and become danger to herself [Read more…]
Nonparent visitation
NONPARENT VISITATION improperly awarded to former stepmother without finding that parents were unfit or that presumption in favor of their wishes had been rebutted… McKeon reversed. [Read more…]
Speedy trial, 918 days, DUI/1-way street
SPEEDY TRIAL: 737 of 918 days properly attributed to Defendant who “simply walked away from the process” and was not prejudiced… Sheriff’s Office not obligated to babysit defendants released pending trial… DUI/1-way street in absentia convictions affirmed… Wilson/Allison affirmed. [Read more…]
Defense verdict, APRN malpractice, mental care
VERDICT: Defense, APRN malpractice, mental care. [Read more…]
Environment, Yellowstone bison hazing
ENVIRONMENT: Helicopter hazing of Yellowstone bison correctly found not harmful to grizzlies… AWR had standing, complied with citizen suit notice provision… Lovell affirmed, reversed (as to standing/notice). [Read more…]
Settlements
Plan I
Brian Durham, ankle, 7/09, disputed indemnity, future medical also settled because Durham cannot access comp or Medicare in the Philippines and does not intend to return to the US, $100,000 new money, stipulated judgment; Thomas Murphy for Durham, Norman [Read more…]
Judicial admissions, lost video of store slip/fall
JUDICIAL ADMISSIONS: Store’s response to motion for sanctions for lost video of slip & fall contained judicial admissions as to what video would have shown, improperly precluded at trial… defense verdict reversed, remanded for new trial… Ortley reversed. [Read more…]
Legal malpractice, inadequate discovery responses
LEGAL MALPRACTICE: Summary judgment for attorney proper for inadequate discovery responses, failure to identify expert… Krueger affirmed (IOR I-3(d)). [Read more…]
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