Summary judgment denied as to TTD calculation based on disputed hours hired to work and value of housing provided… Bruner. [Read more…]
Daycare negligence, subdural hematomas
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas properly rejected on summary judgment… Rienne McElyea affirmed. [Read more…]
$3,299,499.50 net verdict, motorcycle/left turn van
VERDICT: $3,270,088.96 net ($5,109,514, 64/36 negligence), motorcycle/commercial van, femur/pelvis fractures. [Read more…]
Daycare negligence, subdural hematomas, defense SJ
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas rejected on summary judgment… Rienne McElyea. [Read more…]
Snowplow cab slam, later embolism death
Being slammed in snowplow cab when wing hit guardrail was primary cause of later pulmonary embolism and resulting death, widow entitled to death benefits… denial of liability was reasonable, no penalty or fees… Sandler. [Read more…]
Medical examiners, licensure negligence/nuisance
MEDICAL EXAMINERS: Supervisory control denied as to Judge Krueger’s denial of Rule 12(b)(6) motion for dismissal from action alleging negligence and private & public nuisance for failing to deny or terminate license of psychiatrist who allegedly prescribed improper meds… public duty/quasi-judicial immunity arguments more properly first developed and argued below… order. [Read more…]
Insurance, $29 million ESOP settlement, defend
INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Insurance, grizzly maul victim, “temporary worker”
INSURANCE: Fact issues as to whether grizzly maul decedent was “temporary worker” or “employee” preclude summary judgment on duty to indemnify animal facility… because there is potential for coverage if victim is found to have been temporary worker, insurer has duty to defend against tort claims… findings & recommendation… Lynch. [Read more…]
Negligence, duty to warn of mental patient threat
NEGLIGENCE: §27-1-1102 duty of mental professionals to warn of actual threat of violence by specific means not triggered by patient’s admission of aggression to girlfriend when drinking, suit by parents of murdered girlfriend properly dismissed on summary judgment… Sherlock affirmed. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]