VERDICT: Inoperative NWE streetlight improperly kept from jury in pedestrian/auto intersection suit against City, NWE, and the driver based on erroneous application of Public Duty Doctrine… $1.6 million verdict apportioning 35% fault to pedestrian and 65% to driver reversed, remanded for new trial… McElyea reversed. [Read more…]
Residential defects claims against City, rehearing denied
REHEARING of holding that residential defects claims against City are precluded by statute of repose denied… Order. [Read more…]
Residential defects claims against City barred by repose
RESIDENTIAL DEFECTS: Claims against City precluded by statute of repose… Gilbert affirmed. [Read more…]
Supervisory control, work comp collateral estoppel
SUPERVISORY CONTROL of Linneweber over collateral estoppel issue relating to industrial accident declined… Order. [Read more…]
$1 million settlement, death from falling pipes
SETTLEMENT: $1 million, trucker fatally injured by falling pipes during unloading of flat-bed trailer. [Read more…]
Statute of repose, subdivision soil conditions
STATUTE OF REPOSE bars subdivision homeowners’ negligence claims against City for settlement due to adverse soil conditions… Gilbert. [Read more…]
$1,040,000 net verdict (65% driver, 35% pedestrian)
VERDICT: $1,040,000 net (65% driver, 35% pedestrian), defense as to City’s design/maintenance of intersection. [Read more…]
Failure to serve summons & complaint within 3 years
FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
Defense verdict, transient death in garbage truck hopper
VERDICT: Defense, death of transient crushed in garbage truck hopper. [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]