NEGLIGENCE: Truck driver who stopped and waved oncoming pickup to turn left in front of him assumed duty of acting with reasonable care, up to jury whether he breached duty or [Read more…]
Supervisory control, bicycle per se negligence
SUPERVISORY CONTROL of Swandal denied as to summary judgment statement that bicycle Plaintiff violated §61-8-324 (passing on right) and was cited… order. [Read more…]
Defense verdict, hay dust trespass/negligence
VERDICT: Defense, hay dust trespass/negligence from hay grinding operation. [Read more…]
Insurance bad faith, “reasonably clear” liability
INSURANCE BAD FAITH: Objective, reasonable person standard adopted for determining whether liability “reasonably clear” in underlying case… jury should have been instructed to determine whether one would have found for [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]
Insurance, defend/indemnify, facts v. complaint
INSURANCE: Insurer may not ignore facts that may give rise to coverage simply because complaint fails to recite… insurer required to defend, and, under subcontractor exception to exclusion for “covered work,” indemnify against subcontractor-caused damage in environmental toilet suit… Salvagni reversed. [Read more…]
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]