SENTENCING: 175 months for meth conspiracy affirmed… Haddon affirmed (unpublished). [Read more…]
Sentencing, serious injury assault
SENTENCING: 57 months for serious injury assault affirmed… Haddon affirmed (unpublished). [Read more…]
Insurance, UTPA, statute of limitations
INSURANCE: UTPA claim accrued when insurer denied request for policy limits and advance medicals, not on later actions asserted by Plaintiff, statute did not begin anew each time [Read more…]
Settlements
Plan I
Shane Rohrbaugh, low back, 7/08, $51,781, Paul Odegaard
Jeanne Draper, multiple, 9/09, total, $7,500, Leslae Dalpiaz [Read more…]
Negligence, girls’ school smoking, lung disease
NEGLIGENCE: Former girls’ school inmate knew or should have known of relationship between smoking and her illness because she was advised throughout the 90s, admitted [Read more…]
Zoning, power plant, spot zoning, mootness
ZONING: Claim of spot zoning from Agricultural to Heavy Industrial to accommodate power plant not mooted by amendment of unrelated zoning regulations, no quantifiable evidence adduced in support of argument that claim moot [Read more…]
Rape, drug use, nude photos, transaction rule
RAPE: Evidence of drug use improperly allowed in support of rape charge, not harmless error… photos of naked women and Defendant improperly allowed under transaction rule, not [Read more…]
Aggravated assault, reference to sex abuse
AGGRAVATED ASSAULT: Any error from reference to sexual allegation presumed cured by cautionary instruction, but rebutted, overwhelming evidence of abuse of infant, mistrial properly denied… Larson affirmed. [Read more…]
Restitution, civil, interest
RESTITUTION: Civil judgment 6 years after original order properly limited to unpaid restitution with no accrued interest… McKinnon affirmed. [Read more…]
Insurance, accidental death, Fentanyl overdose
INSURANCE: Death caused by overdose of Fentanyl prescribed for back pain and pancreatitis was sudden, unforeseeable external event which caused injury, not contributed to by disease, sickness, infirmity… accidental death policy [Read more…]
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