SETTLEMENT: $40,000, ex parte communications with doctor & pharmacists. [Read more…]
Archives for 2019
Ladder fall shoulder injury, competing medical opinions
Petitioner injured shoulder in ladder fall, giving more weight to treating orthopedist than IME occupational medicine physician, but denial was still reasonable in light of other factors… Sandler. [Read more…]
Settlements
Plan I
Duane Lapke, foot, 8/09, back, 4/11, multiple disputes as to certain medical and indemnity, $230,715 ($70,715 MSA) new money for all claims, stipulated judgment; Kim Schulke for Lapke, Morgan Weber for MMIA [Read more…]
Wrongful stock transfer, $1.1 million punitives
WRONGFUL STOCK TRANSFER: Order restoring converted stock constituted award of compensatory damages for purposes of determining punitives. . . institution acted with actual malice in allowing stock owner to unilaterally terminate co-tenant’s interest. . . $1.1 million punitives properly awarded. . . Larson affirmed. [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]
Incest/attempted incest/surreptitious recordation
INCEST/ATTEMPTED INCEST convictions as to granddaughter, daughter, son affirmed. . . under-desk videoing of adopted daughter properly allowed to go to jury (which acquitted as time-barred) to prove motive & identity as to incest . . Kutzman affirmed (IOR I-3(c)). [Read more…]
Respondeat superior, false info about former employee
RESPONDEAT SUPERIOR does not impute to City a supervisor’s acts of giving false negative information to former City employee’s new employer. . . tortious interference with business relations and negligent misrepresentation claims dismissed on summary judgment. . . Todd. [Read more…]
Defense verdict, intersection ambulance/auto
VERDICT: Defense, intersection ambulance/auto, fractured hip. [Read more…]
Shoulder overuse syndrome
Left shoulder condition is a compensable overuse syndrome caused by inability to fully use right shoulder after compensable injury. . . Sandler. [Read more…]
Settlements
Plan I
Dean Johnson, low back, 6/14, $50,000, medical closed, Chris Helmer [Read more…]