POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]
Post-verdict, request to “correct” $657,000 MVA verdict
POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]
$427,050 net (65/35) verdict, boxes fall on truck driver
VERDICT: $657,000 gross, $427,050 net (65/35 fault), boxes falling on driver’s head when opening trailer at warehouse store, TBI/post-concussion syndrome. [Read more…]
Personal jurisdiction, product liability
PERSONAL JURISDICTION not exercised over Pennsylvania/Tennessee LLC that manufactured heater that allegedly caused fire in National Guard shelter assembled by Montana corporation using HVACs created by Florida corporation… Christensen. [Read more…]
Insurance, auto policy employee exclusion
INSURANCE: Employee exclusion in truck company’s policy valid under Montana law where NJ shipper allegedly improperly loaded truck which caused it to overturn in NC, resulting in death of driver… Tibi dicta cannot withstand scrutiny in light of Reading, which is still good law despite subsequent MLPA… Tibi public policy concerns not at issue since driver’s estate received $132,627 in work comp and coverage is available under shipper’s policy for any liability by shipper… Christensen. [Read more…]
Procedure, reconsideration of dismissal
PROCEDURE: No “motion for reconsideration,” but sufficient basis articulated for reconsideration of dismissal under Rule 60(b)(6)… Christopher reversed… order. [Read more…]
Negligence, pellet stove installation, house fire
NEGLIGENCE: Pellet stove installers entitled to summary judgment for Plaintiffs’ failure to produce expert as to standard of care, competent evidence of causation of house fire… Langton. [Read more…]
Recreational use, electrical injuries
RECREATIONAL USE: Fishing venture not liable for powerline injuries sustained by anglers who were allowed to access site at no charge… Salvagni. [Read more…]
Securities, tenants-in-common investments
SECURITIES: Tenants-in-common investments are securities… McCarter reversed on supervisory control. [Read more…]
Assumption of risk, abnormally dangerous activity
ASSUMPTION OF RISK properly applied to excavator operator voluntarily participating in abnormally dangerous activity (working under rock overhang), Matkovic and Restatement of Torts §523 applied rather than Lutz… jury properly instructed per MPI 7.06 modified to condition rather than product… verdict for damaged excavator based on 51% fault [Read more…]