MENTAL DISABILITY: $91,741.56 for discharging call center rep for taking FMLA leave for outdoor activities to address anxiety and major depressive disorder affirmed… Vanisko affirmed, Final Agency Decision. [Read more…]
Mental disability, call center rep FMLA leave, $91,742
MENTAL DISABILITY: $91,741.56 for discharging call center rep for taking FMLA leave for outdoor activities to address anxiety and major depressive disorder… Chad Vanisko. [Read more…]
$300,000 verdict, home inspection
VERDICT: $300,000, Home Inspection Trade Practices Act, CPA. [Read more…]
Corporate agent, home inspection deficiencies
CORPORATE AGENT: Summary judgment that home inspector is shielded from personal liability is precluded by fact issues indicating he was not acting in corporation’s business interests in allegedly deficient inspection… Larson. [Read more…]
Defense verdict, med mal, disk replacement
VERDICT: Defense, med-mal, disk replacement. [Read more…]
Negligence, diesel fuel water, defense verdict
NEGLIGENCE: No prejudice from Defendant’s reliance on settled-party defense in light of finding of no negligence by Defendant on claim of catastrophic engine damage by alleged water in diesel fuel, no need to address constitutionality of amended statute… acquiescence in ruling that Plaintiff could be questioned as to prior insurance claims resulted in [Read more…]
Medical malpractice, treating physician, standard
MEDICAL MALPRACTICE: Treating physician as non-retained expert improperly precluded from testimony as to standard of care of infant with low glucose, Defendant cannot claim surprise or prejudice from alleged insufficient notice as to opinions, while Plaintiff was unfairly prejudiced by mid-trial exclusion of [Read more…]
Defense verdict, catastrophic diesel engine damages
VERDICT: Defense, catastrophic heavy equipment engine damages due to alleged water-contaminated fuel. [Read more…]
Insurance, fuel truck MVA, helicopter policy
INSURANCE: Helicopter policy covered fuel truck crash under “arising out of the ownership, maintenance or use of the [Read more…]
Real estate, home defects, expert
REAL ESTATE: Summary judgment proper for Defendants on house defects claim based on expert’s lack of qualifications… McNeil affirmed (IOR I-3(d)(v)). [Read more…]