MARITAL: Contempt order which also ordered division of disputed annuity properly before the Court on direct appeal… Judge erred in concluding that annuity was mistakenly omitted from settlement agreement… husband entitled to fees/costs for attempting to enforce agreement by contempt motion… Davies reversed. [Read more…]
Archives for March 2022
Defense verdict, ophthalmological/medical malpractice
VERDICT: Defense, ophthalmological/medical malpractice, alleged failure to timely diagnose fulminant IIH and make emergency referral for brain shunt resulting in legal blindness. [Read more…]
Defense verdict, 4-way stop rear-ender
VERDICT: Defense, 4-way stop rear-end MVA, admitted liability. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Drugs, traffic stop dog sniff
DRUGS: Trooper had reasonable suspicion for dog sniff of traveler in rented vehicle heading for North Dakota oil fields, motion to suppress meth properly denied… Christensen affirmed (memorandum). [Read more…]
Settlements
Plan I
Stephanie Call, left knee CRPS, 11/15, laundry worker, Benefis Hospital, Benefis accepted claim, initiated appropriate benefits, dispute as to extent of disability caused by work injury, Petitioner contends she is PTD, Benefis contends she is only PPD, also disputes whether Petitioner’s desired treatment plan is medically reasonable & necessary and would qualify for primary v. secondary medical benefits, whether need for psychological counseling & mental care is claim related, whether medical benefits are subject to statutory closure, Petitioner is no longer employed at Benefis, $287,500 for all claims ($125,000 unrestricted cash to settle indemnity, $103,055 to Ametros/CareGuard for MSA annuity paying $135,974 over life expectancy, $58,873 unrestricted cash for additional medical, $572 unrestricted cash for medical/OTC medication), stipulated judgment; Thomas Murphy for Call, Andrew Adamek for Benefis Health System [Read more…]
Construction lien, truss supplier, implied findings
CONSTRUCTION LIEN: Findings & conclusions sufficient to allow informed review of and upholding bench judgment awarding $32,662 for unpaid installment under PO and $39,113.23 fees to truss supplier against apartment building contractor and implicit rejection of contractor’s counterclaim… Parker affirmed. [Read more…]
Dismissal, dog bite Defendant improvidently dismissed
DISMISSAL: Dog bite Defendant improvidently dismissed for Plaintiff’s failure to respond to motion to dismiss for lack of liability, 60(b) motion for relief improperly deemed denied without analysis of attorney’s excuse that he set motion aside expecting Defendant to file brief… Cuffe reversed (memorandum). [Read more…]
Marital, contempt motion to enforce settlement
MARITAL: Contempt order which also ordered division of disputed annuity properly before the Court on direct appeal… Judge erred in concluding that annuity was mistakenly omitted from settlement agreement… husband entitled to fees/costs for attempting to enforce agreement by contempt motion… Davies reversed. [Read more…]
Defense verdict, ophthalmological/medical malpractice
VERDICT: Defense, ophthalmological/medical malpractice, alleged failure to timely diagnose fulminant IIH and make emergency referral for brain shunt resulting in legal blindness. [Read more…]