Plan I
Nikki Zeober, multiple, 11/18, disputed PT, $55,000, Matthew Murphy
Wayde Lewis, low back, 4/21, disputed, $11,250, Russell Plath [Read more…]
Archives for 2024
Insurance, $1,022,257.85 verdict, negligent procurement
INSURANCE: $1,022,257.85 verdict for negligent procurement failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving sinking of condo affirmed… Allison affirmed. [Read more…]
Title insurance, “Pro Forma” commitments, subdivision
TITLE INSURANCE: Claims against title insurer’s agency properly rejected in convoluted case involving subdivision “lots,” proposed reconfigured divisions into “parcels” or “tracts” which never happened, and “Pro Forma” commitments with unmet requirements… Marks affirmed (other grounds). [Read more…]
Mining, Black Butte Copper Mine permit
MINING: Copper mine near Smith River properly permitted by DEQ… Bidegaray reversed. [Read more…]
Sexual assault on minor, “common scheme”
SEXUAL ASSAULT ON MINOR: Uncharged sexual assault improperly admitted as proof of motive or plan to commit earlier assaults pursuant to a fictional “common scheme”… jury improperly allowed to select a conduct-based or result-based mental state definition… conviction reversed… Abbott reversed. [Read more…]
Child pornography, Instagram CyberTips
CHILD PORNOGRAPHY: Conviction stemming from Instagram CyberTips affirmed… Christensen affirmed (memorandum). [Read more…]
Settlements
Plan II
Ronald Fenlon, left knee, 3/22, Time Warner Cable, AIU via ESIS accepted liability, paid all benefits due, disputes as to PPD and future medical, $85,000 new money for all claims, stipulated judgment; Andrew Miller for Fenlon, Steven Jennings for AIU Ins. [Read more…]
Med-mal, thighplasty defense verdict affirmed
MEDICAL MALPRACTICE: Thighplasty defense verdict affirmed over challenge to summary judgment as to excess skin removal sequencing (buttocks before thighs)… review of improper expert impeachment claim for providing stock images on plastic surgeon’s website declined for failure to provide entire record… Grubich affirmed (memorandum). [Read more…]
Negligence, pedestrian in crosswalk defense reversed
NEGLIGENCE: Evidence properly admitted that pedestrian struck in crosswalk had been drinking, but last-minute refusal to take judicial notice of medical record of .053 BAC at hospital requires reversal of defense verdict, remand for new trial… Ohman affirmed, reversed. [Read more…]
Mental commitment, waiver of rights, involuntary meds
MENTAL COMMITMENT: Signed stipulation properly construed as valid waiver of rights but prior authorization to involuntary medicate improperly provided… Recht affirmed, reversed. [Read more…]
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