Plan I
Tammey Ludeman, right knee, 4/19, MSGIA accepted liability, disputes as to future wage loss and TTD, $25,000 new money for indemnity, medical reserved, stipulated judgment; Thomas Murphy for Ludeman, Morgan Weber for MSGIA [Read more…]
Archives for 2022
Wrongful discharge, federal “Willful Loss of Earnings”
WRONGFUL DISCHARGE: Federal “Willful Loss of Earnings” doctrine erroneously applied to relieve employer of proving failure to mitigate… Oldenburg reversed. [Read more…]
Med-mal, MLP application for deceased mother
MEDICAL MALPRACTICE: Initial MLP application relating to mother’s death deficient as son lacked authority until he received his PR Letters when it was too late… Todd affirmed (memorandum). [Read more…]
Disability discrimination, service dog barred from store
DISABILITY DISCRIMINATION: Claims stemming from refusal to allow service dog into store properly rejected… Johnston affirmed (memorandum). [Read more…]
Settlements
Plan I
Cale Kelley, low back, 3/20, FedEx, Kalispell, FedEx accepted liability, paid medical & indemnity, disputes as to nature, extent, compensability, sequela, wage loss, impairment, restrictions, future treatment including spinal cord stimulator, applicability of UTG, privacy, $165,000 for all claims, stipulated judgment; Dean Blackaby for Kelley, Thomas Harrington for FedEx [Read more…]
Disability discrimination, reporting status to UID
DISABILITY DISCRIMINATION claim for reporting employment status to UID rejected… Administrative Decision… Judy Bovington. [Read more…]
Insurance, long-term leak exclusion, basement leak
INSURANCE: Damage from pipe leakage in basement of part-time home excluded under long-term leak exclusion… Molloy. [Read more…]
Disabilities discrimination, co-worker conflict
DISABILITY DISCRIMINATION: Request to be reassigned to a position with no contact with a co-worker who was causing anxiety & depression not reasonable on its face or in the run of cases, no need to resort to sham affidavit rule as to whether Plaintiff requested no contact or merely limited contact… DeSoto. [Read more…]
Racial/sexual/national origin discrimination, student
RACE/SEX/NATIONAL ORIGIN DISCRIMINATION claims by parents of bullied high school student dismissed for failure to exhaust administrative remedies… Christensen. [Read more…]
$75,000 verdict, $94,077.97 fees, unreasonable force by PO
VERDICT: $75,000, §1983 unreasonable force by Probation & Parole Officer against Plaintiff who was observing arrest of her son, fractured elbow/sprained wrist… $94,077.97 attorney fees awarded of $181,865.47 requested… $2,802.97 costs awarded ($18,812.50 costs of use of force expert who did not contribute to success or appear at trial denied)… $35,000 settlement with City and police officer. [Read more…]
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