JUDGE SUBSTITUTION: Grant of withdrawal of mid-trial guilty or nolo plea constitutes grant of new trial entitling Defendant to new judge… Harada reversed on supervisory control… opinion & order. [Read more…]
Archives for December 2021
Sentencing, ability to pay fines, fees, surcharges
SENTENCING: Felony DUI sentence did not violate federal law protecting SS income… Judge acted within discretion in conditioning payment of prison, probation, treatment costs on a later determination by DOC of ability to pay and imposing the $5,000 mandatory fine, but failed to make the separate inquiry into ability to pay the $560 in fees & surcharges and Defendant sufficiently objected about his ability to afford them… Cuffe affirmed, reversed. [Read more…]
Speeding, “actually established” v. temporary speed limit
SPEEDING: Sufficient evidence that 35 mph limit was “actually established” as opposed to temporary… conviction of driving 50 in a 35 zone affirmed… Swingley/McMahon affirmed (memorandum). [Read more…]
Water system negligence, uninhabitable house
WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
$510,343.05 verdict, admitted liability MVA, shoulder
VERDICT: $510,343.05, admitted liability MVA, shoulder injuries likely requiring replacement. [Read more…]
SSI, bathroom breaks, urinary incontinence
SSI: Bathroom breaks for Claimant with urinary incontinence properly considered in application denial… Kilroy/Cavan affirmed (memorandum). [Read more…]
Unsigned settlement agreement enforced
MSF’s motion to enforce unsigned settlement agreement granted because Petitioner did not make signing a condition to a binding agreement… Sandler. [Read more…]
Settlements
Plan I
Kyle Bushman, shoulder 8/16, hip/low back 11/18, near Big Timber, Stillwater initiated all benefits due & owing, Petitioner underwent surgery, achieved MMI, impairment assigned, restrictions imposed, returned to alternative duty, disputes as to MMI, subsequent non-work aggravations, extent of entitlement to rehab benefits, $125,000 for all claims, stipulated judgment; Lucas Wallace for Bushman, Joe Maynard for Stillwater Mining [Read more…]
Charitable write-off, 9th Circuit question answered “no”
CHARITABLE CARE WRITE-OFF: A plaintiff in a pre-2021 survival action may not recover the value of medical care when the costs are wholly written off as charitable care… certified 9th Circuit questions as to $165,661.50 hospital/ambulance write-offs related to $578,248 FTCA heart death judgment by Morris answered “no.” [Read more…]
Supervisory control, over-length TRO, house construction
SUPERVISORY CONTROL of John Brown to vacate over-length TRO halting challenged construction of residence denied as likely only further delaying resolution… order. [Read more…]