NEGLIGENCE: Evidence properly admitted that pedestrian struck in crosswalk had been drinking, but last-minute refusal to take judicial notice of medical record of .053 BAC at hospital requires reversal of defense verdict, remand for new trial… Ohman affirmed, reversed. [Read more…]
Defense verdict, intersection maintenance/design
VERDICT: Defense (State negligent in maintenance or design of intersection but not cause of injuries), pedestrian/auto, face, brain, hips/knees replacement… $232,500 settlement with County, settlement with driver for undisclosed amount. [Read more…]
Statutes of limitations, no general pandemic tolling
STATUTES OF LIMITATIONS: MTLA request to toll for pandemic denied… order. [Read more…]
Attorney fees, $511,463 v. $3,610,386 requested, class
ATTORNEY FEES: $511,463.40 properly awarded to 2 Class Counsel following settlement of University System employee benefits class action, over requested $3,610,386… Plaintiffs entitled to post-judgment interest despite refusing to accept pending appeal… R. McElyea affirmed. [Read more…]
DUI, 911 call, Trooper’s observation
DUI: Sufficient particularized suspicion based on 911 call and Trooper’s observation… motions to suppress/dismiss properly denied… Hoerning/Newman affirmed. [Read more…]
Insurance, U System TPA, MVA made-whole rights
INSURANCE: University System health plan TPA not liable to MVA Plaintiff for statutory or common law bad faith based on allegation that it violated her made-whole rights… Rienne McElyea. [Read more…]
Insurance, U System TPA, MVA made-whole rights
INSURANCE: University System health plan TPA not liable to MVA Plaintiff for statutory or common law bad faith based on allegation that it violated her made-whole rights… Rienne McElyea. [Read more…]
Insurance, med-pay/UIM, “other insurance”
INSURANCE: Med-pay/UIM “other insurance” clauses valid, not violative of “made whole” as de facto subrogation… J. Brown affirmed. [Read more…]
Discovery, “IME with contrast,” seizure disorder
DISCOVERY: Order by H. Brown allowing “IME with contrast” to determine whether seizure disorder may be attributable to non- [Read more…]
DUI, uncertified PBT, no HGN expert
DUI: Ineffective assistance in not objecting to uncertified PBT and no HGN expert not harmless, conviction reversed, [Read more…]