CHIROPRACTIC MALPRACTICE: Defense verdict affirmed over challenges to standard of care, habits & routine practice, perpetuated expert testimony responding to new theory, alternative cause evidence, impeachment by Panel application… McMahon affirmed. [Read more…]
Archives for 2020
Respondeat superior, disclosures to new employer
RESPONDEAT SUPERIOR: Fact issues preclude summary judgment as to whether City supervisor’s negative disclosures to former employee’s new employer were incidental to authorized conduct and thus within the scope of his employment such that the City was liable for supervisor’s allegedly tortious conduct… Todd reversed. [Read more…]
Mental commitment, businesswoman with insomnia
MENTAL COMMITMENT: Successful businesswoman with supportive family who was experiencing insomnia and other behavior changes and diagnosed as bipolar properly committed to MSH… Krueger affirmed. [Read more…]
Attorney discipline, disbarment, solicited false testimony
ATTORNEY DISCIPLINE: Tina Morin disbarred for soliciting false testimony from a trial witness, failing to promptly inform clients about their costs, charging clients for legal research and appellate brief writing… “vitriolic and outrageous” communications with other attorneys not a violation of RPC but aggravating factor in disbarment recommendation… conduct perpetuated in Objections by baselessly accusing COP Chairman of “reign of terror,” “enraged beyond the capacity for rational or logical thought”… order. [Read more…]
DUI, hearsay, denial as to who drove stuck truck
DUI: What officer “determined” from phone conversation with person whom Defendant suggested was the driver of stuck vehicle was inadmissible hearsay but harmless in light of significant circumstantial evidence that Defendant was the driver… conviction affirmed… H. Brown affirmed (IOR I-3(c)). [Read more…]
Officer shootings, §1983, victim holding AR-15
OFFICER SHOOTINGS: §1983 claims against City Officers who shot son holding AR-15 who was responding to cries of mother being detained for mental evaluation in warrantless entry survive summary judgment in part, rejected in part… claims against City survive in part, rejected in part… claims against County investigators and County rejected… Christensen. [Read more…]
Settlements
Plan I
Brian Zimmerman, lungs, 12/14, disputed, $20,000, lungs, 12/89, disputed, $1,500, Dean Blackaby [Read more…]
Insurance, safety program duty of care
INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Wrongful discharge, hospital official
WRONGFUL DISCHARGE: Hospital In-Home Care Services Director properly terminated for failing to manage rising accounts receivables and submit timely employee evaluations despite repeated warnings… Oldenburg affirmed. [Read more…]
Default judgment, attorney “abandonment”
DEFAULT JUDGMENT for $375,000 properly entered against Canadian mining company over claim of surprise abandonment by Montana attorney… $128,758.57 prejudgment interest award properly rescinded because factual dispute would exist at trial as whether stocks in Montana venture were truly worthless at time of purchase given Canadian Cease Trade Order… Berger affirmed (IOR I-3(c)). [Read more…]
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