WRONGFUL ARREST/EXCESSIVE FORCE claims by assault Defendant against officer and City dismissed on summary judgment… Lynch/Morris. [Read more…]
Archives for December 2016
PTD/medical/domiciliary lump sum demand
WCA does not allow Court to grant lump-sum of medical/domiciliary benefits on demand of Petitioner… Petitioner may pursue lump sum of PTD if he can establish more than that insurer treated him “arbitrarily and unfairly”… Sandler. [Read more…]
Settlements
Plan I
Rachelle Correa, low back, 10/14, $92,500, medical closed, Norman Newhall [Read more…]
Oral contract, remanufactured brakes entities
ORAL CONTRACT between remanufactured brakes entities not barred by statute of fraud, promissory estoppel properly submitted to jury which awarded Plaintiff $344,532 contract damages and Defendant $63,990.48 for inventory… Defendant properly denied costs for prevailing on counterclaim… Moses affirmed. [Read more…]
Zoning, Text/Map Amendments, UDJA fees
ZONING: Map Amendment properly invalidated, Text Amendment not also invalidated… UDJA fees improperly awarded… Ortley affirmed, reversed. [Read more…]
Mental commitment, homeless due to disorder
MENTAL COMMITMENT: Inability to find housing due to mental disorder, person not committed merely because she was homeless… involuntary medication improperly authorized based on finding that it “may be necessary”… Souza affirmed, reversed. [Read more…]
Parental interest, non-parent, ceded authority
NON-PARENT INTEREST properly denied for failure to find that mother acted contrary to child-parent relationship… Boucher affirmed. [Read more…]
Justifiable force, disputed aggressor, instructions
JUSTIFIABLE FORCE: Jury properly instructed on duty to retreat in light of conflicting claims as to who was aggressor… assault with weapon conviction affirmed… McLean affirmed. [Read more…]
New trial, hospital malpractice defense verdict
NEW TRIAL granted following hospital malpractice defense verdict based on failure to excuse spouses of hospital employees for cause prior to voir dire, failure to clarify at jury’s request loss-of-chance instruction which mentioned only “doctors” and not health providers generally… H. Brown. [Read more…]
$162,068 sanctions, hospital malpractice PTO
SANCTIONS: $156,651.75 attorney fees, $5,416.47 costs, against defense counsel for untimely PTO response in hospital malpractice case… H. Brown. [Read more…]
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