CITY WATER LEAK: City responsible only for repair of private water line serving single customer, not for monitoring or maintaining to prevent claimed $94,075.11 damages under theories of negligence, breach of contract, inverse condemnation… Souza. [Read more…]
Defense verdict, dog bite
VERDICT: Defense, dog bite, puncture wounds to hand and wrist. [Read more…]
Zoning, approved then disapproved pole barn application
ZONING: §1983 claims against Town for approval and then disapproval of application for pole barn dismissed… Wald. [Read more…]
Landlord/tenant, unpaid balance/damages to collection
LANDLORD/TENANT: Lease provisions that allow placing unpaid balance or damages with collection agency and charging $50 fee for any violation of lease illegal under RLTA. . . no evidence that landlord included lease terms knowing they were illegal. . . claims subject to 8-year statute for actions founded on instrument but would also be timely under 2-year statute for liability created by statute. . . Halligan. [Read more…]
Indemnity, engineering of RR fuel unloading dock
INDEMNITY provisions of engineering agreement apply to engineering work on fuel unloading dock at Whitefish from which railroad employee fell, redress for injury shifted from engineering firm to railroad… judicial estoppel/admissions as to which year agreement applies, choice of law, definition of “renewal,” indemnity v. exculpatory vis-à-vis willful/negligent conduct, MCA 28-2-702 and 28-2-2111… Christensen. [Read more…]
Defamation, “joke,” City Council meetings
DEFAMATION: Statement alleging theft which was averred in hearer’s affidavit to be defamatory but later characterized in deposition as joke, critical statements in City Council meetings, properly dismissed on summary judgment… Souza affirmed. [Read more…]
Insurance, CGL/umbrella “additional insured”
INSURANCE: General contractor is “additional insured” under subcontractor’s CGL/umbrella policies, insurers have duty to defend subcontractor’s employee’s injury claim arising out of gas line rupture… Molloy. [Read more…]
$500,000 verdict, FELA, scaffold fall, back
VERDICT: $500,000, FELA, scaffold fall, back. [Read more…]
Marital, support termination, 18 v. graduation
MARITAL: $6,977/mo support terminated upon high school graduation, not 8 months earlier at age 18, pursuant to statute since decree vague… McNeil affirmed. [Read more…]
Insurance, duty to defend, troubled teen suicide
INSURANCE: Insurers had duty to defend entity purporting to find boarding school placements for troubled teens, coverage not barred by “professional” exclusion in light of non-professional conduct including panicked school employee failing to aid potentially suicidal teen found [Read more…]