VERDICT: Defense, Mazda passive seat belt system. [Read more…]
$300,000 verdict, MVA, multiple injuries, punitives
VERDICT: $300,000 ($10,000 punitives), MVA, facial/ orbit/heel fracture, knee, post-concussion, mild TBI, PTSD, uncontested liability/causation for orthopedic injuries. [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
Product liability, Mazda seat belt
PRODUCT LIABILITY: Pre-trial rulings on experts & defenses in Mazda Protegé automatic shoulder belt/ manual lap belt case with small-stature passenger suffering abdominal injuries in near head-on… Christensen. [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
Product liability, Mazda seat belt
PRODUCT LIABILITY: Pre-trial rulings on experts & defenses in Mazda Protegé automatic shoulder belt/ manual lap belt case with small-stature passenger suffering abdominal injuries in near head-on… Christensen. [Read more…]
Insurance, cosmetics students, $4 million consent
INSURANCE: Cosmetics students’ claims against school of, inter alia, boorish behavior by instructor and wrongful expulsion after filing complaints did not trigger duty to defend under CGL bodily injury coverage… expert’s opinion of physical manifestations of emotional distress did trigger duty, but duty met by acceptance of [Read more…]
Medical malpractice, MLP “reasonable detail”
MEDICAL MALPRACTICE: MLP claim of negligent performance of ERCP and failure to provide sufficient information for informed consent reasonably encompassed court claim of failure to [Read more…]
Venue, vehicle pushed across county line
VENUE properly changed from Cascade to Glacier (Defendant’s residence) where MVA occurred in Teton but vehicle came to rest in Cascade… venue waiver based on order of docketing multiple simultaneous pleadings denied… Macek affirmed. [Read more…]
$1.7 million verdict, FELA, cumulative back
VERDICT: $1.7 million, FELA, cumulative back injuries with striking snow-obscured pipe with skidsteer the “the final straw.” [Read more…]