WATER WELL RIGHT: Co-tenant who was unaware of agreement for use of well and did not ratify it is not bound by it… use which began as permissive did not ripen into adverse possession… right not obtained through laches… Oldenburg reversed (IOR I-3(c)). [Read more…]
Fire hydrant negligence, public duty
FIRE HYDRANT NEGLIGENCE: No trial issue of claim of negligent maintenance of hydrant that spewed mud as evidence shows house could not have been saved by additional water… no need to reach public duty… Oldenburg affirmed (other grounds) (IOR I-3(c)). [Read more…]
Defamation, “joke,” City Council meetings
DEFAMATION: Statement alleging theft which was averred in hearer’s affidavit to be defamatory but later characterized in deposition as joke, critical statements in City Council meetings, properly dismissed on summary judgment… Souza affirmed. [Read more…]
Public duty, hydrant spewing mud at house fire
PUBLIC DUTY: Claim of negligent maintenance of hydrant that spewed mud at house fire barred by public duty doctrine… Oldenburg. [Read more…]
Heart failure, sleep apnea v. street dust
Congestive heart failure caused by sleep apnea, not exposure to dust, exhaust, in street work… denial of claim not unreasonable… Sandler. [Read more…]
$15,000 net verdict, father/son casino altercation
VERDICT: $15,000 net (75% father, 25% Plaintiff son, 0 casino/restaurant), altercation in which casino employee/father fired shots at son, property/PTSD. [Read more…]
Fraud, forged deed, statute of limitations
FRAUD: Facts underlying claim that ex-wife forged signature on deed known or could have been discovered at divorce hearing, time-barred… due process not violated by dismissal without hearing… fees/costs improperly awarded on erroneous basis [Read more…]