VERDICT: Defense, trail ride horse fall, pelvic/hip fracture, concussion… settled prior to verdict. [Read more…]
Rape of group home resident, State/home duty of care
RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
Arbitration, indemnification of home security failure
ARBITRATION: Agreement to arbitrate indemnification/contribution of home security failure erroneously held invalid due to lack of mutuality or equitable unconscionability, does not contravene §703 single-case rule… R. McElyea reversed. [Read more…]
HOA/LTA: LTA neighbor standing, HOA restrictions
HOA/LTA: LTA claims against Plaintiff’s neighbor that provides assisted living services properly dismissed for lack of standing. . . HOA business and quiet use restriction claims improperly dismissed under 12(b)(6) . . . Ulbricht affirmed, reversed. [Read more…]
Arbitration, employment termination, defense
ARBITRATION of employment termination properly compelled, arbitration clause valid, award of judgment to employer properly confirmed… Oldenburg affirmed. [Read more…]
Equine Activities, saddle slip, rider jump
EQUINE ACTIVITIES: Claim of negligence resulting in landing on the ground when saddle slipped properly rejected on summary judgment as an inherent risk of horse riding… Wilson affirmed. [Read more…]
Marital, tax consequences of ranch sale
MARITAL: Tax consequences should be considered in likely sale of ranch to satisfy payment of wife’s half interest… Jensen/Pinski reversed. [Read more…]
Child support, estate’s obligation, fraud/emotional
CHILD SUPPORT: Ex-wife may not recover distress damages arising from new wife’s alleged fraudulent transfers to avoid husband’s estate’s obligation to pay support… support for 1 child properly terminated upon graduation per parenting plan, estate obligated to [Read more…]
Wages/wrongful discharge, $900,010 verdict/fees
WAGES/WRONGFUL DISCHARGE: Extra-duty time not “wages,” overtime/vacation improperly submitted to jury as 180-day limitations period applies to both wages and penalty, $367,750.51 fees/costs for nonsegrable wage claims also reversed… liability of president improperly submitted to jury… mention of amount of [Read more…]
Wrongful discharge, UI v. WDA, defense verdict
WRONGFUL DISCHARGE: UI eligibility “conduct” not grounds for summary judgment on “good cause”… sanctions properly denied for deletion of computer files… punitives foreclosed by summary rejection of public policy violation claim… expert [Read more…]