SUPERVISORY CONTROL: Resignation as PR obviates standing to pursue supervisory control of Davies on behalf of estate as to common law marriage ruling… Order. [Read more…]
Ditch easement, no implied easement by existing use
DITCH EASEMENT: Lot owners properly held to not have an implied easement by existing use on neighbor’s property… attorney fees & costs properly awarded… Brown affirmed. [Read more…]
Insurance, parking lot slip & fall
INSURANCE: Pre-23 §33-18-242 does not preclude parking lot slip & fall Plaintiff from asserting causes other than statutory or common law bad faith (first impression)… insurer properly granted summary judgment on promissory estoppel, breach of contract, unjust enrichment, interference with economic advantage, constructive fraud., improperly granted on spoliation and equitable estoppel… Deschamps affirmed, reversed. [Read more…]
$475,000 settlement, jail suicide
SETTLEMENT: $475,000, jail suicide… settlement by County’s insurer over County’s objection. [Read more…]
$.02 verdict, jail inmate due process claims
VERDICT: $.02 nominal damages for deprivation of due process by jailers failing to provide written statement of evidence or reasons for disciplinary action, $0 for 5 other due process claims, affirmed… DeSoto affirmed (memorandum). [Read more…]
Premises liability, improvident ice slip/fall SJ
PREMISES LIABILITY: Fact issues preclude summary judgment as to senior facility ice slip & fall… Larson reversed (memorandum). [Read more…]
$22 million verdict, product liability, helicopter crash
VERDICT: $22 million product liability damages, $8 million offer of judgment for Estate of helicopter pilot killed in crash while fighting fire in Oregon. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Defense verdict, wrongful death, wedding party guest
VERDICT: Defense, wrongful death, disputed provision of cocaine to wedding party guest who went missing and was found dead in a creek. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
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