EXCULPATORY EVIDENCE: Supervisory control of Menahan denied as to denial of rape Defendant’s motion for in camera review of alleged victim’s medical records… order. [Read more…]
Medical malpractice, tonsillectomy defense verdict
MEDICAL MALPRACTICE: Tonsillectomy complications defense verdict affirmed over challenges to denial of summary judgment on liability, directed verdict on informed consent, denial of insurance disclosure… Newman affirmed (IOR I-3(c)). [Read more…]
Defense verdict, med-mal, tonsillectomy complications
VERDICT: Defense, medical malpractice, tonsillectomy complications. [Read more…]
Defense verdict, med-mal, Nissen fundoplication
VERDICT: Defense, medical malpractice, Nissen fundoplication, gallbladder removal. [Read more…]
Experts, inadequate disclosure/opportunity to cure
EXPERTS: Plaintiffs’ expert’s report does not adequately explain “basis & reasons,” but Defendants failed to give opportunity to cure before moving to exclude per LR… motion to exclude denied, Plaintiffs may renew motion if they comply with LR… Molloy. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
Contamination, continuing tort, certified question
CONTAMINATION: Certified question from Cebull accepted as to continuing tort doctrine for trespass/nuisance property [Read more…]
Arbitration, ambiguities, mutual intent
ARBITRATION provision in assisted living facility agreement unenforceable due to ambiguities, lack of mutual intent… Sandefur affirmed. [Read more…]
Defense verdict, med-mal, knee replacement
VERDICT: Defense, medical malpractice, knee replacement complication.
A 12-0 Helena jury found that Peter Hanson was not negligent in connection with Joyce Cooper’s knee replacement 12/1/05. [Read more…]