NEGLIGENCE: Summary judgment improperly granted to Defendant in 3-vehicle icy road crash… default judgment properly denied for spoliation of truck’s speed data… no abuse of discretion in denying Plaintiff’s motion to compel and granting Defendant a protective order regarding expert qualifications… remanded for trial… Cybulski affirmed, reversed. [Read more…]
Defense verdict, snowy vehicle slide
VERDICT: Defense, Defendant was negligent in connection with vehicle sliding into Plaintiff’s vehicle at ski resort parking lot but negligence did not cause Plaintiff injuries. [Read more…]
Ski negligence, going over embankment onto rock
SKI NEGLIGENCE: Summary judgment properly granted that operator had no duty to install and/or maintain fencing to catch skier from going over embankment and onto rock… Eddy affirmed. [Read more…]
Defense verdict, trail ride horse fall
VERDICT: Defense, trail ride horse fall, pelvic/hip fracture, concussion… settled prior to verdict. [Read more…]
Punitives, no malice in trail ride horse fall
PUNITIVES: A jury could not find actual malice to support punitives in trail ride horse fall… Gilbert. [Read more…]
Equine activities, horse fall
EQUINE ACTIVITIES: Defendant’s motion for summary judgment as to horse fall based on Equine Activities Act denied… Gilbert. [Read more…]
Probate, video leaving all to brother not valid will
PROBATE: Video leaving all possessions to brother properly held not to constitute a valid will… Wald affirmed. [Read more…]
Statute of limitations, fall through floor service access
STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
Will, video “intended as will”
WILL: Video does not constitute a “document or writing upon a document” per §72-2-523, not valid as an “intended will”… Wald. [Read more…]
Post-verdict, request to “correct” $657,000 MVA verdict
POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]