AGGRAVATED SEX ABUSE: Sufficient evidence to convict Defendant of rape years earlier when girls were 12 or 13… bill of particulars properly denied following disclosure of entire file… Morris affirmed (unpublished). [Read more…]
Archives for July 2016
Sentencing, complex loan scheme
SENTENCING: 56 months for complex loan scheme causing $3,741,047.82 actual loss to victims affirmed… Haddon affirmed (unpublished). [Read more…]
Sentencing, firearms
SENTENCING: 34 months consecutive to undischarged state sentence for firearms conviction affirmed… Watters affirmed (unpublished). [Read more…]
Interim TTD upon PPD conversion
Claimant does not qualify for interim TTD upon conversion of TTD to PPD… Sandler. [Read more…]
Settlements
Plan I
Jamie Farrill, left knee, 9/98, custodian at Great Falls Schools, Paul Melvin diagnosed recurrent patellar subluxation, performed arthroscopy in 10/98 followed by lateral release and tibial tubercle transfer, Farrill fell and reinjured knee before reaching MMI, Melvin reattached the tibial tubercle in 11/98, Farrill developed staphylococcus aureus infection of unknown origin around the surgery site, Melvin questioned in 3/99 whether Farrill was having an allergic reaction to the metal used in her surgery, dermatologist Hansen confirmed that problem was deep-seated bacterial or fungal infection, Dr. Tierney declared MMI in 7/00, Farrill later developed plaque psoriasis, insurer requested review by John Ym Koo at UC San Francisco School of Medicine, he diagnosed atopic dermatitis/eczema and psoriasis, probably not the result of the 9/98 injury, treatment for it, or aggravation of preexisting condition by knee injury, but primarily by something inside her such as genetics or constitutional peculiarities, Farrill’s FNP-C Kara Addison agreed, disputes as to whether she is entitled to lump sum conversion of PTD, mediation by Steven Carey, $325,000 new money in lump sum, stipulated judgment; Thomas Murphy for Farrill, Morgan Weber for MSGIA [Read more…]
Insurance, boulder fall on cabin, “earth movement”
INSURANCE: Boulder fall onto cabin properly excluded under “earth movement” exclusion… no basis for UTPA claim… Tucker affirmed. [Read more…]
Wrongful discharge, police chief, sexual harassment
WRONGFUL DISCHARGE: JML improperly denied for City based on uncontested evidence that Police Chief sexually harassed dispatcher… $300,000 verdict reversed… Fagg reversed. [Read more…]
HOA, reconstruction of destroyed bridge
HOA: Articles do not mandate reconstruction of destroyed bridge when other bridges provide access, cost estimate far in excess of $1,500, and majority of members object… supervisory control of Gilbert granted ordering summary judgment for HOA (order). [Read more…]
Bifurcation, liability/damages, shoreline damages
BIFURCATION: Liability and damages as to lake dam operation properly considered by separate juries… supervisory control of Curtis denied… order. [Read more…]
Bifurcation, UIM/bad faith, questioned hit & run
BIFURCATION: Plaintiff’s request for single trial of questioned hit & run UIM claim and bad faith claim properly denied, but seriatim trials to be before same jury, not separate juries as ordered by Menahan… supervisory control order. [Read more…]
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