EXCESSIVE FORCE/TERRY STOP: State law claims against officer and City relating to investigation of motorcyclists/motorist confrontation dismissed on summary judgment following 9th Circuit disposition of federal claims… Watters. [Read more…]
Wrongful discharge, employment offer withdrawal
WRONGFUL DISCHARGE: Employment offer was executory contract, no employment relationship at time it was rescinded, breach of contract applies, not WDA… Kutzman affirmed on supervisory control… order. [Read more…]
Trust, breach of ranch trust agreement
TRUST: Breach of ranch trust agreement/fiduciary duty claims precluded by ratification, failure to establish prima facie fraud… Moses affirmed (IOR I-3(c)). [Read more…]
Excessive force, shooting death of fleeing suspect
EXCESSIVE FORCE: Even if a jury could find officer shooting suspect fleeing in patrol car was not objectively reasonable because he was not a threat at the time he was shot and killed, Supreme Court law compels conclusion that the law on deadly force against fleeing vehicles was not clearly established, officer entitled to qualified immunity… “In my view, this case should be tried to a jury. However, in light of our Supreme Court cases on deadly force in car chases it won’t be.”… summary judgment for officer and City… Molloy. [Read more…]
Trust, aged mother ranch manager
TRUST: No support for claim that bank mismanaged trust by letting aged mother manage ranch, but any such fiduciary breach ratified by beneficiary signing Receipt of Distribution, no support for claim that Receipt was based on fraudulently withheld information… Moses. [Read more…]
Defense verdict, boulder home crush
VERDICT: Defense, State and City not liable for home crushed by large boulder falling from cliff. [Read more…]
Defense verdict, work comp bad faith
VERDICT: Defense, work comp bad faith, breach of duty but no loss or harm from delayed acceptance of claim that hip fracture surgery was necessitated by falls due to instability of knees from 1982 knee injury. [Read more…]
Negligence, pre-MVA trauma, $65,000 bus/SUV
NEGLIGENCE: Evidence of trauma/depression from husband’s sex abuse of daughter 20 years before MVA properly admitted to rebut wife’s brain trauma claim from MVA over relevancy/causal [Read more…]
$2.7 million verdict, NIED/insurance bad faith
VERDICT: $2.7 million, NIED, widow of motorcyclist killed by UIM drunk driver, insurance bad faith… summary judgment that insurer breached by refusing to unconditionally pay undisputed UIM. [Read more…]
Insurance, employer as additional comp insured
INSURANCE: Employer additional insured under umbrella entity’s comp policy, entitled to immunity under §30-71-411 from claim by Plaintiff who previously received $207,145 comp… Neill. [Read more…]
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