SEWAGE SYSTEM LIABILITY: Operating a lift station with the electrical junction box inside requiring entrance into it to perform pump maintenance and resulting in technician falling to the bottom is an abnormally dangerous activity warranting strict liability… City’s liability not barred by statute of repose or common carrier exception… John Brown. [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Attorney fees, $10,052.70, police sex disclosures
ATTORNEY FEES: $10,052.70 properly awarded to newspaper and TV station for role in disclosure of officers disciplined for sex with City clerk… fees-for-fees and appeal fees denied… Harris affirmed. [Read more…]
$941,537.62 verdict, tank farm construction lien
VERDICT: $941,537.62, construction lien, tank farm subcontractor. [Read more…]
Noncompete covenant, CPA firms
NONCOMPETE COVENANT: Employment agreement not unenforceable agreement to agree, not contract of adhesion, covenant should be analyzed for enforceability against CPAs who left and started new firm… Defendants except one correctly found not to have breached fiduciary duties, damages by the one to be re-analyzed on remand… Huss reversed, affirmed. [Read more…]
Wrongful discharge, police chief, sexual harassment
WRONGFUL DISCHARGE: JML improperly denied for City based on uncontested evidence that Police Chief sexually harassed dispatcher… $300,000 verdict reversed… Fagg reversed. [Read more…]
$300,000 verdict, wrongful discharge, police chief
VERDICT: $300,000, wrongful discharge, Colstrip Police Chief. [Read more…]
$1,057,000 verdict, furniture fall from truck
VERDICT: $1,057,000, furniture fall from icy truck lift gate onto store owner, torn rotator cuffs/RSD. [Read more…]
UEF reimbursement, non-primary contractor
UEF not entitled to reimbursement from non-primary contractor, nor under “equitable” theory… Shea.
H&D contracted with Enzo Const. for condo work. One of Enzo’s employees [Read more…]