HIGHWAY RIGHT-OF-WAY: Challenge to placement of mailboxes in MDT right-of-way properly rejected for lack of standing/justiciability and no ministerial duty to support mandamus… Christopher affirmed. [Read more…]
Subdivision, inverse condemnation, floodplain culverts
SUBDIVISION: Inverse condemnation and other claims related to MDT’s failure to install larger culverts during road reconstruction resulting in subdivision in 100-year floodplain having to construct large detention pond properly rejected on summary judgment… Berger affirmed. [Read more…]
$941,537.62 verdict, tank farm construction lien
VERDICT: $941,537.62, construction lien, tank farm subcontractor. [Read more…]
Insurance, ambiguous Builders’ Risk policy
INSURANCE: Ambiguous Builders’ Risk policy construed to cover pipeline right of way after it was cleared, excavated, and leveled as “structure” and therefore “Covered Property,” not precluded by “land” exclusion, interpretation not inconsistent with additional [Read more…]
Insurance, reserve discovery, bad faith
INSURANCE: Reserve information relevant to bad faith claim, insurer not entitled to protective order excluding all information related to reserves in discovery, may seek to ameliorate any prejudice by in limine motion or cautionary instruction… Christensen. [Read more…]
Defective flooring, CPA, defense verdict, fees
DEFECTIVE FLOORING: Late disclosure of tax expert properly allowed in support of challenge of CPA personal residence claim after Defendant failed to timely produce records… $24,346 fees/costs properly awarded Defendant for claim that lodge was personal residence under CPA… [Read more…]
Assumption of risk, abnormally dangerous activity
ASSUMPTION OF RISK properly applied to excavator operator voluntarily participating in abnormally dangerous activity (working under rock overhang), Matkovic and Restatement of Torts §523 applied rather than Lutz… jury properly instructed per MPI 7.06 modified to condition rather than product… verdict for damaged excavator based on 51% fault [Read more…]
Defense, semi-pickup collision, 4 Plaintiffs
VERDICT: Defense, semi-pickup collision, 4 Plaintiffs, rotator cuff, soft-tissue neck/back, mild traumatic brain. [Read more…]
Home construction defects, statute of limitations
HOME CONSTRUCTION DEFECTS: Plaintiffs on notice of defects prior to running of negligence/CPA statutes, not tolled until [Read more…]
Default, judgment against mortgage company
DEFAULT judgment against mortgage company set-aside properly denied… no attorney fees under indenture which [Read more…]