SKI OPERATOR NEGLIGENCE: Industry chairlift safety standard not adopted by government agency, not conclusive as to standard for unloading accident, expert still required to determine whether lift [Read more…]
$130,000 settlement, UM, “family member,”
SETTLEMENT: $100,000 UM limits, $5,000 med-pay limits, plus $25,000, disputed “family member” status of minor daughter of divorced father. [Read more…]
$34,250,000 verdict, LTC policy contract/bad faith
VERDICT: $34,250,000 ($32 million punitives), LTC insurance contract/bad faith. [Read more…]
Seatbelt use evidence, product liability, negligence
SEATBELT EVIDENCE: Evidence of seatbelt use by decedent in collision-induced rollover partial ejection not prohibited by §61- [Read more…]
Survival/pre-impact fright, vehicle ejection
SURVIVAL/PRE-IMPACT FRIGHT: Not enough time between collision and fatal blow to head after partial ejection for survival [Read more…]
Seatbelt evidence, negligence v. product liability
SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]