PROPERTY LINE: Order of Protection involving feuding neighbors properly amended on Plaintiff’s motion following a hearing at which Defendant did not attend or object to the post-hearing amendment procedure… Larson affirmed (memorandum). [Read more…]
Sanctions for delays resulting in sua sponte mistrial
SANCTIONS: $51,923.61 sanctions against defense attorney for delays resulting in sua sponte mistrial reversed following Federal Courts’ exoneration of counsel… Cuffe reversed. [Read more…]
Negligence, auto/pedestrian defense verdict
NEGLIGENCE: Cross of eyewitness to auto/pedestrian collision as to prior inconsistent statements improperly curtailed, defense verdict reversed, remanded for new trial… summary judgment on negligence per se properly denied, proper response to jury query as to City’s cross-walk law… Larson reversed, affirmed. [Read more…]
Defense verdict, pedestrian/auto
VERDICT: Defense, no negligence (disputed crossing in unmarked crosswalk), pedestrian/auto, multiple injuries. [Read more…]
Defense verdict, motorcycle/truck
VERDICT: Defense (negligence but no causation), motorcycle/truck, pelvis/hip. [Read more…]
DUI, separate implied consent breath tests
DUI: Separate implied consent breath tests not unreasonable search & seizure… McLean affirmed. [Read more…]
DUI, car in ditch, credit against fine
DUI: Facts surrounding car in ditch symptoms of intoxication providing probable cause for arrest despite no field tests… [Read more…]