MARITAL: Property agreement entered with full knowledge of relevant facts and no issue of conscionability, may not subsequently be modified, especially where it provided that it may not be modified… claim that husband will receive $1.7 million in [Read more…]
Archives for November 2014
Speedy trial, repeated failure to appear
SPEEDY TRIAL: Repeated unexplained failures to appear constituted good cause for postponing misdemeanor trial beyond 6 months, judge properly elected not to try in absentia… Defendant at large for 3 years obviously did not want timely trial… Ulbricht/Allison affirmed. [Read more…]
House defects, builder liability to eventual owner
HOUSE DEFECTS: Summary judgment as to whether builder shielded from personal liability because of his status as sole employee/owner of corporation precluded by fact issues as to his personal actions in determining suitability of soil… builder and/or corporation had general duty of care for future purchasers that [Read more…]
Settlements
Plan I
Robert Hayward, arm, 8/12, disputed, $1,500, medical closed, stipulated judgment; Michael Bliven for Hayward, Kelly Wills for MCCF [Read more…]
Guardianship, termination by marriage
GUARDIANSHIP: Inadequate record for review of whether guardian failed to act in best interests… guardianship not terminated by marriage or revocation of power of attorney… Krueger affirmed (IOR I-3(d)). [Read more…]
Grandparent contact, mother’s wishes
GRANDPARENT CONTACT: Presumption in favor of mother’s wishes against extended stays in Washington insufficiently rebutted, contact plan otherwise approved… Gustafson affirmed, reversed. [Read more…]
Youth, robbery sentencing
YOUTH: Pronouncement failed to specify that robbery sentence would be for less than 40 years… adult sentence should not exceed 5-year DOC commitment recommended by State at disposition which Judge apparently intended to adopt… McLean reversed (IOR I-3(d)). [Read more…]
$565,500 net verdict, alcoholic jail inmate death
VERDICT: $565,500 net (65/35), death of alcoholic jail inmate… County agrees to waive any appeal or set-off… confidential settlement by nursing service. [Read more…]
SSI, mental
SSI: Mental claim properly denied… Strong affirmed (unpublished). [Read more…]
SSD, ambulation
SSD: Ambulation claim properly denied… Haddon affirmed (unpublished). [Read more…]