LONG-TERM CARE: 6 counts stemming from death of memory facility resident correctly construed as med-mal, dismissed as time-barred… unjust enrichment and contract rescission improperly dismissed as time-barred… Ulbricht affirmed, reversed. [Read more…]
Insurance, MMI opinion defeats Ridley claim
INSURANCE: Doctor’s opinion that MVA claimant has reached MMI creates sufficient cloud on causation to defeat Ridley claim… Sullivan. [Read more…]
Med-mal limitations period
MEDICAL MALPRACTICE: First amended complaint properly dismissed with prejudice because it was filed outside the med-mal limitations period… Ulbricht affirmed. [Read more…]
Marital, common law marriage
MARITAL: Common law marriage correctly found… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Justice recusal, nominal participation as AG
JUSTICE RECUSAL: CJ not required to disqualify himself since he did not personally participate as AG in Defendant’s appeal… petition for rehearing denied… order. [Read more…]
Negligent homicide, vehicle assault, endangerment
NEGLIGENT HOMICIDE/NEGLIGENT VEHICULAR ASSAULT/CRIMINAL ENDANGERMENT: Charges properly not dismissed after suppression of BAC test from blood drawn in hospital without advice of right to independent test… cross of witness properly limited as to drug charge [Read more…]