COTENANCY ADVERSE POSSESSION: Possessory cotenants established ownership of entire property (except minerals) by adverse possession after entry under color of title via a recorded deed that purported to convey entirety. . . Cybulski affirmed. [Read more…]
Archives for 2018
Comp exclusivity, “immediate employer,” PEO
COMP EXCLUSIVITY: Trucking company was an “immediate employer” (employer-in-fact) of driver assigned by PEO (employer-at-law) which paid comp premiums. . . PEO Act not violative of Art. II §16 full redress. . . trucking company entitled to immunity from tort claims by injured driver. . . Townsend affirmed. [Read more…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Marital, objections to Standing Master’s order
MARITAL: Objections to Standing Master’s order incorrectly found to lack specificity. . . H. Brown reversed. [Read more…]
Deliberate homicide, pathologist testimony, self-defense
DELIBERATE HOMICIDE: New trial properly denied based on assertion that State withheld impeachment evidence as to pathologist’s testimony as to how far victim was when shot and number of bullets which struck her. . . evidence of Defendant’s prior false police report properly admitted to rebut his claim of character & truthfulness in support of self-defense claim. . . conviction affirmed. . . Knisely affirmed. [Read more…]
DUI, interrupted independent blood test advisory
DUI: Due process not denied by failure to finish reading advisory as to right to independent blood test under “substantial circumstances” including Defendant’s impeding of the reading. . . Haynes affirmed. [Read more…]
PSC data requests, waste disposal application
PSC acting outside authority in engaging in discovery in waste disposal application by submitting data requests to opponents. . . TRO issued. . . Reynolds. [Read more…]
Defense verdict, rear-end MVA death
VERDICT: Defense, rear-end MVA death. [Read more…]
Settlements
Plan I
Christine Thomas, knee, 11/13, $65,000, Bradley Jones [Read more…]
Cul-de-sac parking dispute
CUL-DE-SAC PARKING dispute properly resolved on summary judgment. . . McMahon affirmed (IOR I-3(c)). [Read more…]
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