AGENCY: Summary judgment correctly granted that architectural firm was not personally liable to engineering firm pursuant to §28-10-702(1) since — regardless of non-existence of a purported corporation as a separate legal entity — the architectural firm was a disclosed agent for a disclosed principal and did not assent to be personally liable for project work by engineer for benefit of project owner. . . common law rule that agent who contracts on behalf of non-existent principal is personally liable for the contract not unqualified . . . Kutzman affirmed. [Read more…]
Archives for September 2018
Easement, shared driveway, Correction COS
EASEMENT: Express easement correctly found for Plaintiffs over shared driveway as depicted on Correction COS signed by surveyor but not owner. . . additional prescriptive easement properly found over Defendant’s property. . . Eddy affirmed. [Read more…]
Attorney discipline, chronic failure to appear
ATTORNEY DISCIPLINE: Roberta Cross Guns to receive public admonition before COP for conditional admission for failed appearances that resulted in contempt citations. [Read more…]
Attorney discipline, time-barred wrongful discharge
ATTORNEY DISCIPLINE: William Managhan to appear before COP for admonition for failing to withdraw from wrongful discharge case after becoming public defender, resulting in claims now time-barred. [Read more…]
Marital, insurance proceeds for wife’s burned vehicle
MARITAL: Husband obligated to reimburse wife for $10,500 insurance proceeds on wife’s destroyed vehicle which she paid to credit union under settlement agreement provision making husband responsible for debt. . . Jensen/Best reversed (IOR I-3(c). [Read more…]
Child sex assault, 1991 false reporting conviction
CHILD SEXUAL ASSAULT: 1991 false reporting convictions properly admitted. . . evidence of Defendant’s ability to see properly admitted in light of non-specific objection and appearance at trial with cane and dark glasses . . . prosecution and jury costs improperly imposed without indigency finding. . . IT fees improperly charged on each of 3 counts. . . Lympus affirmed, reversed. [Read more…]
Notice of injury, entry in Daily Activity Report
Entry in Daily Activity Report of ER security officer being hit by patient did not indicate injury, not sufficient notice of injury. . . even if waiver of 12-month deadline applicable, claim submitted beyond 36-month absolute deadline. . . Sandler. [Read more…]
Libby asbestos, ARD/OD death, last injurious exposure
Exposure to Libby asbestos at LP lumber mill makes LP liable for ARD OD and resulting death despite earlier and larger exposures elsewhere and 50 years of smoking . . . no penalty or fees as LP’s interpretation of last injurious exposure rule was not unreasonable. . . Sandler. [Read more…]
Settlements
Plan I
Marcia Kennedy McCuin, shoulder, 7/13, Marias Medical Center, injured while transferring a patient, indemnity settled in 1/16 for $25,000, disagreements about on-going medical, $35,000 for all future medical, stipulated judgment; Thomas Murphy for McCuin, Dean Blackaby for MACOWCT [Read more…]
Child sex abuse, church’s failure to report
CHILD SEX ABUSE: Supervisory control over Manley denied as to partial summary judgments against church in suit for failure to report child sex abuse. [Read more…]
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