VERDICT: Defense, negligence/misrepresentations as to ATV tires but no cause of injuries, alleged improper tires/inflation resulting in ATV crash, C5-6 fusion. [Read more…]
Marital, judicial notice, imputed income
MARITAL: No abuse of discretion by taking judicial notice of CSED’s income determination in another support case or by refusing to take judicial notice of the truth of its underlying facts… income properly imputed for support purposes… Sherlock affirmed. [Read more…]
Bench judgment, $198,749 dealership damages
BENCH JUDGMENT: No “incidental obligation” by employer to provide financial disclosure to UEF, UEF waived right to send indemnity claim to collection based on late payments because it accepted late payments… $198,749 consequential damages [Read more…]
Eminent domain, access to landlocked property
EMINENT DOMAIN: Proof of existing residence required to create road from highway to landlocked property… existence/necessity generally jury questions, but Judge properly decided issue where undisputed that cabin not habitable… Sherlock affirmed (other grounds).
Physical/psychological MMI, PTD
Petitioner reached MMI as to both physical and psychological conditions… PTD because no reasonable [Read more…]
UEF 3rd-party petition challenge
Facts which occurred prior to UEF’s 3rd-party petition may be considered in summary judgment… putative employer failed to appeal liability decision to mediation within 90 days, [Read more…]
3rd-party petition against uninsured employer
Uninsured employer may not be joined as party ostensibly liable to Claimant, but UEF may file 3rd-party petition against uninsured employer pursuant to HB 119… Shea. [Read more…]
Marital, inheritance, separate businesses
MARITAL: Some of husband’s inheritance properly included in estate… wife’s separation condo properly excluded… each properly awarded own businesses… reopen for redirect/rebuttal properly denied… McCarter affirmed. [Read more…]