VERDICT: $43,547 to plumbing subcontractor on college building contract claim against general contractor, Prompt Payment Act [Read more…]
Defense verdict, failed hardwood flooring
VERDICT: Defense verdict against flooring supplier, settlement by general contractor and installer, failed hardwood flooring on [Read more…]
Evidence, unwitnessed silo blowout injury
EVIDENCE: Report speculating on unwitnessed silo blowout which injured operator not admissible under business record hearsay [Read more…]
Quiet Title Act, standing, jurisdiction
QUIET TITLE ACT: Plaintiff has standing to bring QTA claim to determine ownership of disputed RR right of way, but no [Read more…]
Discovery, adverse inference sanctions
DISCOVERY: Adverse inference sanctions granted for Defendants’ failure to produce discovery as ordered in [Read more…]
$6,244.84 net verdict (49/51), road blasting
VERDICT: $6,244.84 net (49/51 liability, $50,000 gross for damaged excavator, $19,255.16 due Defendant on contract), [Read more…]
Prescriptive easement, predecessor nonuse
PRESCRIPTIVE EASEMENT not abandoned by predecessors’ nonuse or Defendant’s construction of alternative access… Prezeau reversed. [Read more…]
Insurance, CGL endorsements ambiguity
INSURANCE: Ambiguous CGL endorsements construed against insurer so that general contractor is additional insured with blanket coverage under policy obtained by supplier… [Read more…]
$501,008 net verdict, naturopath malpractice
VERDICT: $501,007.68 net (51/49), naturopath malpractice, failure to refer patient with chest pain to cardiac specialist, negligence by patient in failing to continue chelation, heart attack death. [Read more…]
Insurance, property/pollution exclusions, estoppel
INSURANCE: Insurer not estopped from asserting property exclusion for denying coverage even though adjuster omitted it in denial, since insurer never assumed defense and had no duty to defend… property damage exclusion applies, not necessary to determine pollution exclusion… [Read more…]