MEDICAL MALPRACTICE: Non-surgical spine physician not qualified to opine about standard for spinal fusions. . . Souza affirmed. [Read more…]
Road easement, “farm house,” after-acquired property
ROAD EASEMENT: Fact issues preclude summary judgment that easement encompasses a “farm house”. . . properly found to not provide access to after-acquired property. . . Jones reversed, affirmed. [Read more…]
DUI, sitting at green light
DUI: Particularized suspicion to stop car that had been sitting at green light on crosswalk at 2:20 a.m…. Kolar/Fagg affirmed (IOR I-3(c)). [Read more…]
Marital, wife’s inheritances
MARITAL: Wife’s inheritances during final 2 years of marriage properly credited to her against value of the home… Moses affirmed (IOR I-3(c)). [Read more…]
Personal Assistance Program, death, immunity
PERSONAL ASSISTANCE: Liability of provider for drug overdose death of Self-Directed PASP participant precluded by statutory immunity… Fagg affirmed. [Read more…]
Defense verdict, bar altercation, broken nose
VERDICT: Defense, no liability by bar in altercation that ended with broken nose. [Read more…]
Attorney fees, ditch easement “prevailing party,”
ATTORNEY FEES/COSTS properly denied to Plaintiffs who prevailed only on majority but not all of ditch easement interference claims… Spaulding affirmed. [Read more…]
Wrongful discharge, MDT grievance v. WDA
WRONGFUL DISCHARGE: Preclusion of MDT employee’s claim from WDA in favor of BPA grievance not violative of equal protection… [Read more…]
Sanctions, subdivision association libel/slander
SANCTIONS: Rule 11 proper for bringing subdivision association libel/slander suit for many improper purposes… [Read more…]
Marital, custody, property, support
MARITAL: Sole custody to father, supervised visitation by mother, proper in light of mother’s overzealous pursuit of Lyme disease treatment for children, refusal to work with those who disagree with her medical assessments… estate properly equitably divided… insufficient evidence for imputing $52,000 income to wife with 2-year nursing degree who had not worked for decade… Lympus affirmed, reversed. [Read more…]