Plan I
Jeanne Mays, 6 claims 4/90-5/13, disputed, $150,000, medical closed, stipulated judgment; Steven Carey for Mays, Kelly Wills for St. Patrick Hospital [Read more…]
Archives for February 2015
Insurance, wood pyrolysis, restaurant fire
INSURANCE: Even if exposure of wood to excessive water heater exhaust temperatures created harmful conditions due to pyrolysis, that condition did not result in property damage from “occurrence” during policy period, restaurant fire after policy termination not covered, summary judgment no coverage/duty to defend properly granted… counterclaims dependent on coverage properly dismissed with prejudice… Allison affirmed. [Read more…]
Inverse condemnation, road construction damages
INVERSE CONDEMNATION: Property damages claim barred by res judicata failure to argue damages in trial of road construction access issues… Salvagni affirmed (IOR I-3(d)). [Read more…]
Mental commitment, homeless person, basic needs
MENTAL COMMITMENT: Sufficient evidence that homeless person with mental disorder unable to provide needs to warrant commitment… Deschamps affirmed. [Read more…]
Legal malpractice, contract v. tort statute
LEGAL MALPRACTICE: Claim of breach of contract for waiving preliminary hearing without permission actually sounds in tort, barred by 3-year statute… Sherlock affirmed (IOR I-3(d)). [Read more…]
Incest, Rape Shield Law, subsequent abuse of child
INCEST: Evidence of subsequent sexual abuse of child by foster brother after being removed from Defendant father properly excluded under Rape Shield Law… McLean affirmed (IOR I-3(d)). [Read more…]
Search, warrantless Facebook intrusion, sex sting
SEARCH: Detective’s warrantless intrusion into Facebook page posing as teenage girl and monitored conversation via Facebook chat was illegal search, all evidence relating to Facebook account and resulting evidence suppressed, charge of attempted sex abuse of children stemming from sting dismissed… J. Brown. [Read more…]
$10,534 verdict, rear-end MVA, property/cervical
VERDICT: $10,534.05, rear-end MVA, property/cervical… shoulder claim directed out, increased payroll for business rejected in limine… uncontested liability. [Read more…]
Bankruptcy, $22 million claim reconsideration
BANKRUPTCY: Reconsideration of order allowing B Shareholders a $22 million claim properly denied absent convincing explanation for delay in filing motion… Kirscher/Haddon affirmed (unpublished). [Read more…]
SSD, flat foot, foot/ankle pain
SSD: Flat foot, foot/ankle pain claims properly rejected… Haddon affirmed (unpublished). [Read more…]