DISCOVERY responses compelled in dispute as to the value of membership interests upon sale of one entity and public offering of another… Plaintiffs entitled to fees & costs for bringing the motion which was precipitated by responses being evasive, boilerplate, and not consistent with rules… Brown. [Read more…]
Student loan refunds, class action defense verdict
STUDENT LOAN REFUNDS: Defense verdict as to class action against UM affirmed… Vannatta affirmed. [Read more…]
Duties of skier, snowboarder crash into stopped skier
DUTIES OF SKIER: Snowboarder negligent per se in colliding with stopped skier… fact issues preclude summary judgment as to causation for injuries and comparative negligence… Breuner. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
Insurance, Injury to Worker Exclusion, renewed policy
INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
Manager liability, resort CO death/injury
MANAGER LIABILITY: Resort GM who planted CO detector in room after guests were poisoned dismissed pursuant to respondeat superior/corporate shield… statement to officers admitting planting admissible against resort as admission by party-opponent, deposition admission not admissible without further authority in support of him being resort’s “managing agent”… Ohman. [Read more…]
Defense verdict, fetal death, parents’ pain & suffering
VERDICT: Defense, fetal death, parents’ pain & suffering. [Read more…]
Defense verdict, UM student loan refunds class action
VERDICT: Defense, UM student loan refund procedures class action. [Read more…]