HOMESTEAD EXEMPTION: Judgment lien to recover debt from alleged con artist who was put on deed allegedly by fraud improperly satisfied before owner received full value of the exemption from proceeds of sale of the property… Wilson reversed. [Read more…]
Archives for June 2022
Subdivision, fire suppression pond
SUBDIVISION: Disputed fact issues preclude summary judgment that fire suppression pond is defective because surface freezes in winter… Dayton reversed (memorandum). [Read more…]
Marital, non-working father’s income from his father
MARITAL: Non-working father’s income from his father properly categorized as “gift income” excluded from child support calculation… Halligan affirmed. [Read more…]
Marital, custody, ATV accident, disputed alcohol
MARITAL: Primary custody of children properly awarded to father over mother’s contention that ATV accident and disputed alcohol use that day should have weighed heavily against him… Dayton affirmed (memorandum). [Read more…]
Insurance, loss of use of insured’s damaged truck
INSURANCE: Policy does not cover loss of use of insured’s MVA-damaged truck… Menahan. [Read more…]
$168,500 verdict, rear-end MVA, whiplash
VERDICT: $168,500, rear-end MVA, admitted negligence, disputed contributory, whiplash. [Read more…]
Burst gas cylinder, cardiopulmonary/brain, penalty
Claimant suffered compensable injuries from burst gas cylinder valve which resulted in cardiopulmonary arrest and brain damage… insurer’s denial unreasonable because it did not conduct adequate investigation or keep claim file in accordance with §107(3)… Sandler. [Read more…]
Settlements
Plan I
Ronda Newsom, shoulder(s), 2/21, $60,000, Leslae Dalpiaz [Read more…]
Disability discrimination, truck driver seizure
DISABILITY DISCRIMINATION: Septic truck driver who suffered seizure while driving not discriminated against when discharged for refusing to accept FMLA leave while medically prohibited from driving… Administrative Decision, Jeffrey Doud. [Read more…]
Subdivision, no “further subdivision of any lot”
SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]