WORK COMP: Statute properly tolled during time Claimant was without a guardian… substantial evidence supports finding that Claimant was working with argon when valve burst leading to incapacitating injuries from lack of oxygen… attorney fees and penalty properly imposed for inadequate investigation by adjuster… Sandler affirmed. [Read more…]
Archives for 2023
Easement, subject jurisdiction, necessary parties
EASEMENT: Motion to dismiss claims by Defendants for lack of subject jurisdiction for failure to name all necessary parties to easement dispute properly rejected, necessary party issue may be taken up on remand from interlocutory appeal… Allison affirmed (memorandum). [Read more…]
Aggravated animal cruelty, mistreatment of horses
AGGRAVATED ANIMAL CRUELTY conviction for mistreatment of horses affirmed over challenge to introduction of prior cases… Seeley affirmed (memorandum). [Read more…]
Arson accountability, no “mere presence” instruction
ARSON ACCOUNTABILITY: Failure to offer a “mere presence” instruction not amenable to review on direct appeal where defense theory was only that Defendant withdrew from plan to burn cafe… Abbott affirmed (memorandum). [Read more…]
Insurance, $37,500 fees, delayed policy limits
INSURANCE: $37,500 fees at 25% (downward from 1/3 contingency) awarded on delayed acceptance of $250,000 UM limits demand for attempted kidnap injuries, $16,312.50 prejudgment interest… Souza. [Read more…]
$1,344,214.79 default judgment, horse bucking injuries
DEFAULT: $1,344,214.79 Default Judgment not set aside as registered agent was aware of contents of Complaint and Summons and no explanation for failure of Defendant to timely respond… Ohman. [Read more…]
$5,000 verdict, timber trespass property damage
VERDICT: $5,000 timber trespass property damage. [Read more…]
Discrimination, refusal to hire former HR person
DISCRIMINATION: Retaliation claim relating to refusal to interview or hire former HR employee for part-time positions properly rejected on summary judgment… Haddon affirmed (memorandum). [Read more…]
Settlements
Plan I
James Anthony, multiple, 12/21, single vehicle collision, Stillwater Mining, Columbus, Stillwater accepted liability, paid medical & indemnity, disputes as to future indemnity & medical including further treatment for right shoulder, $75,000 for all claims, stipulated judgment; Greg Overturf for Anthony, Marina Tucker for Stillwater [Read more…]
Insurance, failure to pay landscaping subcontractor
INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
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