VERDICT: $11,237,500, abused infant who suffered blindness and severe TBI after CFS failed to properly investigate allegations of child abuse… retrial on remand from reversed $16,652,538 verdict. [Read more…]
$16,652,538 DPHHS negligence verdict reversed
NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]
$16,652,538 verdict, negligent child abuse investigation
VERDICT: $16,652,538, negligence by DPHHS in failing to properly investigate report of child suffering from abuse ultimately resulting in TBI, loss of sight, seizure disorder, developmental delays when father’s girlfriend swung her head into crib bars. [Read more…]
Insurance, Montana trucker lost eye in Idaho
INSURANCE: Idaho had most significant relationship to parties and occurrence where Montana trucker lost eye in Idaho and now challenges $50,000 settlement with Idaho insurer and adjuster… Ostby affirmed (unpublished). [Read more…]
Work comp, unnamed insured employer, exclusivity
WORK COMP: Unnamed direct employer was additional insured under umbrella entity’s comp policy per intent of parties, entitled to exclusivity immunity from employee who received $207,147 comp… Neill affirmed. [Read more…]
Insurance, employer as additional comp insured
INSURANCE: Employer additional insured under umbrella entity’s comp policy, entitled to immunity under §30-71-411 from claim by Plaintiff who previously received $207,145 comp… Neill. [Read more…]
Wrongful discharge, arbitration acceptance
WRONGFUL DISCHARGE: Court lost jurisdiction over and properly dismissed spoliation/declaratory claims once Plaintiff agreed to arbitrate WDA claim, but similarly had no jurisdiction to rule that 39-2-914(5) does not violate jury, equal [Read more…]
Fraud counterclaim by employer, jurisdiction
No jurisdiction to hear tort claims by 3rd-party employer, fraud counterclaim and request for indemnity dismissed… sanctions against employer denied, but counsel for employer and Claimant advised to [Read more…]
Insurance/class, 2001 UM settlement, stacking
INSURANCE/CLASS ACTION: Hardy not applied to 2001 UM settlement to permit stacking claims… [Read more…]
Insurance, failure to stack UM/UIM, enrichment
INSURANCE: Insured daughter lacks standing for class certification of unjust enrichment claims based on failure to stack [Read more…]