NEGLIGENCE: Claim that wife was negligent in texting husband while he had 3 times the limit of marijuana and collided with a vehicle, killing one and injuring another, properly rejected on summary judgment… Recht affirmed. [Read more…]
Sex discrimination in public accommodation, massage
SEX DISCRIMINATION IN PUBLIC ACCOMMODATION: $5,000 for emotional distress stemming from canceling further massage therapy appointments because concrete worker was a man… not entitled to recover $5,000 attorney fees paid to resolve TRO filed by the therapist… Administrative Decision, Joslyn Hunt. [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Insurance, Minnesotans, Montana MVA, Illinois insurer
INSURANCE: Suit by Minnesotans in MVA in Montana against Illinois insurer properly dismissed for lack of personal jurisdiction… Haddon affirmed (memorandum). [Read more…]
Insurance, insurer standing for Ridley declaration
INSURANCE: Insurer had standing to bring Ridley declaratory action, properly granted summary judgment based on auto/motorcycle liability and causation… initial willingness to advance-pay $89,983.95 medicals/wages did not constitute acceptance of liability… fees/costs properly denied Defendant/3rd-party claimant… hearing on summary judgment motions properly denied for lack of specific request… Seeley affirmed. [Read more…]
Disability discrimination, service dog proof
DISABILITY DISCRIMINATION: Claim stemming from refusal to allow in bar without proof that dog is service animal dismissed for discovery disruption/obstruction… Caroline Holien. [Read more…]
Insurance, personal motorcycle, corporate auto policy
INSURANCE: Sole shareholders of corporation were not “insureds” under business auto policy when shareholder crashed his personal motorcycle, no UM/MP coverages where only evidence for claim of being run off road by unidentified driver was affidavit of motorcyclist who later died from injuries and wife who was not present… agent had no duty to procure coverage for individuals or inform them of limitations of corporate policy… J. Brown affirmed (IOR I-3(c)). [Read more…]
Chiropractic malpractice, defense verdict affirmed
CHIROPRACTIC MALPRACTICE: Defense verdict affirmed over challenges to standard of care, habits & routine practice, perpetuated expert testimony responding to new theory, alternative cause evidence, impeachment by Panel application… McMahon affirmed. [Read more…]
$3,457,920 default, drunken bar altercation, “penis” reply
DEFAULT: $3,457,920 default properly entered against prisoner for bar fight causing brain damage… drawing of penis with inflammatory comments on Acknowledgment not “solid denial in any language” sufficient to meet pleading requirements… J. Brown affirmed (IOR I-3(c)). [Read more…]
Defense verdict, rear-end MVA, knee
VERDICT: Defense, rear-end MVA, admitted negligence not cause of knee injury. [Read more…]
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