AUTO PURCHASE: Verdict properly directed for seller following buyer’s case-in-chief on claim of defective “as is” vehicle, nonconformities not established to support revocation of acceptance… refund not raised below, but MSC, sitting in [Read more…]
Public duty, DUI death, $222,000 PD settlement
PUBLIC DUTY/SETTLEMENT: Specific action exception not applicable where officers’ acts in responding to report of drunk driver not directed to driver killed in subsequent MVA, but custody exception applies where officers directed person not to drive but to be driven home… public duty doctrine not [Read more…]
DUI, challenge of Crime Lab reports
DUI: Failure to challenge Crime Lab reports prior to trial does not result in forfeiture of right to do so at trial, Defendant improperly precluded from challenging Intoxilyzer, but trooper’s observations relevant to finding of per se DUI by .081 test result over 5% margin-of-error [Read more…]
Independent psych exam, auto/pedestrian
INDEPENDENT PSYCH EXAM erroneously ordered for Plaintiff asserting only general claim for “emotional pain, suffering and anxiety” associated with physical injuries in auto/pedestrian accident… supervisory control of Macek granted… opinion & order. [Read more…]
Verdict, med-mal, TTP death, loss of chance
VERDICT: $282,000 or $187,500 net against hospital (depending on how 15% loss of chance is applied to non-economic damages cap), defense as to doctor, TTP death. [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
$3 million settlement, termination of state leases
SETTLEMENT: $3 million, State’s termination of leases for office building that was never built, eve of trial. [Read more…]
Negligence, failure to seize gun from mental
NEGLIGENCE: Claims against County for deputies not confiscating assault pistol used by recently released mental patient to kill, [Read more…]
Insurance, jockeys, participants v. exhibitors
INSURANCE: Jockeys are “participants,” not “exhibitors,” excluded from liability policy… exclusions not violative of law, ambiguous, reasonable expectations… no negligent procurement by agent… Todd. [Read more…]
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