FISH POND BREACH: 4.5 million-gallon mountain pond constituted abnormally dangerous condition warranting strict liability, $313,230.40 verdict for downhill owners’ damages from breach upheld… Eddy affirmed. [Read more…]
Archives for July 2019
Mobile home contract, declaratory judgment
MOBILE HOME CONTRACT: No private right of action under 2007 RISA, but purchaser entitled to declaratory judgment as to rights & obligations under Installment Sales Contract… Moses affirmed, reversed. [Read more…]
Partnership, departing ranch partner’s interest
PARTNERSHIP: Departing ranch partner’s interest properly valued pursuant to Partnership Agreement at $1,421,863, over experts’ valuations of $463,000 and $1,190,400… Hayworth affirmed (IOR I-3(c)). [Read more…]
Aggravated kidnap, testimonial videos in jury room
AGGRAVATED KIDNAP: Allowing jurors unsupervised access to testimonial videos during deliberation reversible trial error… remanded for new trial… Dayton reversed. [Read more…]
Drugs, medical marijuana request by drug probationer
DRUGS: Medical marijuana to alleviate pain while on probation from possession with intent to distribute properly denied over “as applied” constitutional challenge… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Rape, sex with intoxicated 15-year-old
RAPE: Conviction of sex with intoxicated 15-year-old at “horny-fest” affirmed… Pinski affirmed (IOR I-3(c)). [Read more…]
Settlements
Plan I
Edwin Brester, low back, 11/18, $78,402, Chris Helmer
Charles Ekstedt, lungs, 11/92, disputed, $5,000, Ethan Welder [Read more…]
CCJI, murder victim request, 8 years investigation
CCJI: Murder victim’s PR properly denied release of 8-year investigative file without in camera review to balance right to know against privacy because it would jeopardize investigation, although such review not prohibited by statute… McMahon affirmed (other grounds). [Read more…]
Work comp, security guard’s nose, patient altercation
WORK COMP: Security guard’s claim of nose injury from altercation with psychiatric patient properly denied for failure to file written claim within the 3 years provided for lack of knowledge of disability… sketchy Daily Activity Report did not constitute notice… Sandler affirmed. [Read more…]
Trust, siblings’ apartment occupation claims
TRUST: Siblings’ dispute over apartment occupation claims properly resolved per District Judge’s interpretation of father’s trust agreement regardless of whether sister was denied due process in Justice Court… Seeley affirmed (IOR I-3(c)). [Read more…]
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