SPOLIATION: First-impression issues in context of settled parties involving excavator bucket falling on worker in trench and inspections without notice to sewer contractor and removal of machinery resolved by finding of negligent — not intentional — spoliation and payment of expenses including attorney fees for contractor to conduct its own inspection… $33,277 awarded of $83,190 requested… Marks. [Read more…]
Archives for 2021
Easement, $53,186 fees/costs, Legion Post park access
EASEMENT: $51,705 fees, $1,480.83 costs awarded American Legion post forced to defend its access to park dedicated in 1944 “for returning servicemen and the public” against challenge by current owners of surrounding ranch… Cybulski. [Read more…]
Wrongful discharge, “Willful Loss of Earnings”
WRONGFUL DISCHARGE: “Willful Loss of Earnings Doctrine” applied to determine that fired Program Manager who took substitute teacher job failed to adequately mitigate with reasonable diligence… without damages, entire claim fails, rejected on summary judgment… Oldenburg. [Read more…]
Insurance, sexual assault of tenant by property manager
INSURANCE: Homeowners and umbrella policies potentially covered alleged sexual assaults of tenant by property manager, implicating duty to defend, insurer’s unilateral gamble that they did not results in its liability for $1.1 million state court judgment… Molloy. [Read more…]
Settlements
Plan I
Marlene Archuleta, shoulder(s), 8/18, $72,500, med reserved, Matthew Murphy
Michael Kouby, multiple, 9/16, $11,000, Darrell Worm [Read more…]
Legal malpractice, failure to make claim against policy
LEGAL MALPRACTICE: Claim against attorneys for failure to make claim against $500,000 homeowner policy discovered by successor attorney 9 years later properly rejected on summary judgment that boating accident was excluded by watercraft exclusion… original attorneys secured uncollectible $1,300,853 default judgment against boat owner, subsequent attorney negotiated $100,000 “cost of litigation” settlement with insurer… Wilson affirmed. [Read more…]
Child sex abuse, identical “truth or dare” games
CHILD SEX ABUSE: Near contemporaneous sexual abuse via identical “truth or dare” between 13-year-old and 40-year-old “boyfriend” improperly precluded under rape shield statute at trial of mother’s 61-year-old friend and drug supplier… convictions reversed, remanded for new trial… Haynes reversed, affirmed as to limiting boyfriend’s CCJI file. [Read more…]
Plea agreement, pretrial custody infractions
PLEA AGREEMENT: Pretrial custody infractions properly considered “additional crimes,” State entitled to revise sentencing recommendation… Larson affirmed (memorandum). [Read more…]
Stalking, in person + unknown presence video = felony
STALKING: Felony stalking conviction affirmed where victim saw defendant in person and later saw him on video depicting his then unknown presence at another location… Rienne McElyea affirmed (memorandum). [Read more…]
Prison smuggling, no conspiracy instruction request
PRISON SMUGGLING: No indication of why counsel declined to request conspiracy instruction on charge of smuggling drugs into MSP, ineffective assistance claim more amenable to postconviction… Dayton affirmed (memorandum). [Read more…]
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