INSURANCE: UTPA/UIM claims properly disposed of by jury finding no injury from MVA over claims of unfair trial due to exclusion of claims file, denial of bifurcation, refusal to excuse panelist for cause, Judge asking jurors if they wanted to hear any more about witness’s qualifications, cumulative error… Menahan affirmed (memorandum). [Read more…]
Archives for 2022
Easement, Notice of Purchaser’s Interest
EASEMENT: Claim to easement based on reference in Notice of Purchaser’s Interest in contract for deed properly rejected… Marks affirmed. [Read more…]
Wrongful discharge, police officer, defense verdict
WRONGFUL DISCHARGE: Summary judgment and JML motions by police officer as to PD termination policies properly denied, defense verdict affirmed… Ruiz affirmed (memorandum). [Read more…]
Revocation, reimposed sentence ending after original
REVOCATION: Reimposed sentence ending 2 years later than original does not constitute sentence greater than original… Knisely affirmed. [Read more…]
Deliberate homicide, security footage in jury room
DELIBERATE HOMICIDE: Security footage capturing Defendant placing large heavy object in truck following ex-girlfriend’s disappearance properly allowed into jury deliberations… conviction of killing her affirmed… Fehr affirmed. [Read more…]
Felony sexual assault, failure to instruct on age disparity
FELONY SEXUAL ASSAULT: Failure to instruct that age disparity was an element of the offense warrants reversal of conviction under plain error review… Cybulski reversed (memorandum). [Read more…]
New trial after $168,500 MVA verdict
NEW TRIAL granted following $168,500 MVA verdict due to Counsel suggesting that a judgment would be covered by insurance or the State rather than having to be paid by Defendant herself… Foreman’s affidavit disallowed… Laird. [Read more…]
$3,000 verdict, shopping cart pushed into Plaintiff
VERDICT: $3,000, shopping cart pushed into Plaintiff following altercation over Defendant shooting Plaintiff’s dog that was chasing his calf. [Read more…]
Defense verdict, intersection maintenance/design
VERDICT: Defense (State negligent in maintenance or design of intersection but not cause of injuries), pedestrian/auto, face, brain, hips/knees replacement… $232,500 settlement with County, settlement with driver for undisclosed amount. [Read more…]
CWA, golf course disposal of treated wastewater
CLEAN WATER ACT: Amended complaint naming golf course owner dismissed for failure to sufficiently identify alleged violation to allow for correction following Defense verdict for water & sewer district… Morris. [Read more…]
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