NEGLIGENCE claims stemming from passenger fall while existing vehicle transporter properly rejected on summary judgment… Wheelis affirmed (IOR I-3(d)). [Read more…]
Archives for March 2015
Res ipsa, equal theories of cause of house fire
RES IPSA instruction properly refused in light of equally plausible theories of cause of house fire… defense verdict affirmed… Olson affirmed (IOR I-3(d)). [Read more…]
Economic advantage, competing comp insurers
ECONOMIC ADVANTAGE: Comp insurer’s claims against competitors properly rejected on summary judgment for failure to establish quantifiable damages including to reputation… Sherlock affirmed. [Read more…]
Judgment renewal, motion v. separate action
JUDGMENT RENEWAL improperly granted on motion rather than in separate action, but judgment debtor not entitled to hearing on legality of 2004 $2.5 million intellectual property judgment… Todd reversed (IOR I-3(d)). [Read more…]
Attorney discipline, incompetent postconviction
ATTORNEY DISCIPLINE: 60 days suspension for incompetent postconviction representation… order. [Read more…]
DUI, 20-minute ingestion deprivation period
DUI: Intoxilyzer’s 20-minute ingestion deprivation period not mandatory under new rule, but still sufficient evidence of no ingestion… H. Brown affirmed. [Read more…]
Corporate agent, home inspection deficiencies
CORPORATE AGENT: Summary judgment that home inspector is shielded from personal liability is precluded by fact issues indicating he was not acting in corporation’s business interests in allegedly deficient inspection… Larson. [Read more…]
Compensable injury/aggravation, fact issues
Fact issues preclude summary judgment as to compensable injury or aggravation from claimed fall at work where doctor and PA based opinions on what Petitioner told them… Sandler. [Read more…]
Settlements
Plan I
Thersa Daly, elbow, 10/14, disputed, $5,000, Russell Plath [Read more…]
Easement, express v. necessity, ingress/egress
EASEMENT originating in deed is express grant allowing ingress/egress to neighbor’s lot without regard to whether it originally was necessary and that other access is now available… Knisely affirmed. [Read more…]