MILK DATING: Washington packager has Art. III standing to challenge Montana’s 12-day sell-by date… Haddon reversed (unpublished). [Read more…]
FELA verdict, eye, shattered safety glasses
VERDICT: Jury found $650,000 damages for eye injury from shattered safety glasses in RR shop, deducted $50,000 for failure to mitigate, found 50/50 negligence… Plaintiff seeks to eliminate contributory on basis that evidence proved RR violated safety statutes… RR seeks $96,553 offsets for wage loss/disability benefits, which it asserts would mean $203,447 net to Plaintiff. [Read more…]
FELA, post-injury termination evidence
FELA: Supervisory control of Menahan as to denial of post-injury termination evidence denied… order. [Read more…]
RR crossing negligence, ICCTA preemption
RR CROSSING NEGLIGENCE: Reconsideration of summary judgment for RR in pedestrian snow/ice slip & fall based on ICCTA preemption denied… Watters. [Read more…]
RR crossing negligence, ice/snow slip & fall
RR CROSSING NEGLIGENCE: City did not owe or breach duty to pedestrian who slipped on snow & ice on pedestrian part of crossing of city street which is also state highway… State owed common law duty to maintain crossing in reasonably safe [Read more…]
Comp exclusivity, 3rd-party complaint
COMP EXCLUSIVITY: Supervisory control denied as to Watters’s refusal to dismiss 3rd-party complaint… order. [Read more…]
$11,000 net verdict, FELA, slip & fall, rotator cuff
VERDICT: $11,000 net (90/10), FELA, slip & fall, rotator cuff. [Read more…]
Disability discrimination, RR clerk trainee
AGE DISCRIMINATION claim by RR “extra board” clerk trainee rejected… Terry Spear/HRC. [Read more…]
Judgment, employee van service MVA, indemnity
BENCH JUDGMENT: Employee van service to indemnity RR $95,668 medical expenses paid by Wellness Program to employee injured in rollover, plus $62,292 fees/costs in defense against employee’s claims but not fees/costs in establishing right to indemnification… employee settled for total of $355,668… Watters. [Read more…]