INSURANCE: No coverage under CGL policy for cosmetics students’ bodily injuries (physical manifestations of emotional distress) from boorish behavior by instructors and expulsion after filing complaints because they stem from purposeful acts… insurer previously held not bound by $4 million consent judgment entered after it accepted defense under reservation… Christensen. [Read more…]
Archives for 2015
Defense verdict, Mazda passive seatbelt system
VERDICT: Defense, Mazda passive seat belt system. [Read more…]
Settlements
Plan I
Michael Guy, neck/head, 6/99, claim accepted, disputed liability for current condition, $75,000 for all claims, stipulated judgment; Russell Plath for Guy, Oliver Goe for MMIA [Read more…]
Real estate negligence, duty of seller’s agent
REAL ESTATE NEGLIGENCE: Seller’s agent did not owe buyers a duty to inspect or discover mold or inform that sellers had attempted to remediate water damage themselves, properly dismissed on summary judgment… 1st impression construction of statutes that replaced common law duties… Gustafson affirmed. [Read more…]
Marital, equalization correction deadline
MARITAL: Property/support rulings affirmed, reversed… 45-day deadline for correcting equalization payment to bring proceedings to swift conclusion after indefensible 29-month delay… Ortley affirmed, reversed (IOR I-3(d)). [Read more…]
Marital, maintenance Decree/QDRO modification
MARITAL: Maintenance in Decree and QDRO properly modified based on mistake, changed circumstances… maintenance arrearages erroneously calculated… Lympus affirmed, reversed. [Read more…]
DUI, jackrabbit start at night with pedestrians
DUI: Jackrabbit start at night with pedestrians particularized suspicion to stop… Jenks/McLean affirmed. [Read more…]
DUI, Intoxilyzer/operators recertification
DUI: Intoxilyzer and operators properly recertified… Odlin reversed, McLean affirmed. [Read more…]
Discovery, 1976 homicide forensic reports
DISCOVERY of “all forensic reports” from 1976 homicide prosecution denied in latest effort to withdraw guilty pleas… nothing useful in sealed envelopes opened first time in 40 years… H. Brown affirmed (IOR I-3(d)). [Read more…]
Assault with weapon, judgment for possession
ASSAULT WITH WEAPON: Salvation Army Agreement to pay rent properly excluded over claim that it superseded judgment for possession relied on by landlord and officers to force entry into apartment… hearing-impaired Defendant’s defense of justifiable force in defense of structure and person properly rejected… Neill affirmed (IOR I-3(d)). [Read more…]
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