FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
$115,500 assault & battery judgment reversed, remanded
ASSAULT & BATTERY: $115,500 judgment on verdict reversed for improper exclusion of self-defense expert for untimely disclosure, remanded for new trial… Marks reversed. [Read more…]
Attorney fees, road rage assault & battery
ATTORNEY FEES: Prevailing Plaintiff in road rage assault & battery case entitled to fees pursuant to §27-1-722(4) because Defendant “asserted” justifiable force under the civil statute and not as claimed merely under the criminal statute… amount to be determined at reasonableness hearing… Marks. [Read more…]
Insurance, Earth Movement Exclusion, home damages
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
$88,700 verdict, alleged armed assault/battery
VERDICT: $88,700, alleged armed assault and physical battery on private road. [Read more…]
Insurance, house cracks, Earth Movement Exclusion”
INSURANCE: “Physical injuries” of house cracks occurred at time of construction, not discovery, are within policy coverage period, not barred by Earth Movement Exclusion, insurer has duty to provide coverage… Todd. [Read more…]
Statute of limitations, 2003 Camaro theft, chain possessors
STATUTE OF LIMITATIONS properly held to bar claims against 2 latest possessors of Camaro stolen in 2003… $16,000 default against first 2 possessors… Townsend and Marks affirmed (IOR I-3(c)). [Read more…]
$146,670 verdict, house footing drainage
VERDICT: $146,670, house contractor/vendor and settled subdivision developer negligent as matter of law as to water entering crawl space, excavator found negligent by jury, contractor 53%, excavator 24%, developer 23%… defense verdict for contractor and excavator on [Read more…]