VERDICT: $2,481,594.36, high-speed semi/pickup rear-ender, admitted liability, disputed low back/neck/head. [Read more…]
Gravel contract, FOB place of shipment
GRAVEL CONTRACT: FOB place of shipment contract properly determined on summary judgment to require measurement by ton at the pit, not by volume at project site… $66,269.95 properly awarded seller as balance due plus attorney fees… Jones affirmed. [Read more…]
Work comp, subrogation lien, $3.3 million PI
WORK COMP: Oklahoma comp lien asserted against $3.3 million tort settlement of Montana MVA subject to Montana’s made-whole doctrine under Oberson… Todd. [Read more…]
Removal, pre-service, “forum defendant rule”
REMOVAL: Pre-service removal by Montana Defendant in pedestrian/vehicle suit improper under “forum defendant rule,” remanded… fees/costs to Oklahoma Plaintiff denied due to unsettled law, inconsistent holdings… Ostby/Watters. [Read more…]
Public duty, DUI death, $222,000 PD settlement
PUBLIC DUTY/SETTLEMENT: Specific action exception not applicable where officers’ acts in responding to report of drunk driver not directed to driver killed in subsequent MVA, but custody exception applies where officers directed person not to drive but to be driven home… public duty doctrine not [Read more…]
Defense verdict, house fire, stucco heaters
VERDICT: Defense, home fire alleging unattended heaters used by stucco contractor. [Read more…]
Insurance, apartment complex collapsed carport
INSURANCE: Unattached carport covered in commercial policy insuring apartment complex premises based on [Read more…]
Defense verdict, hay dust trespass/negligence
VERDICT: Defense, hay dust trespass/negligence from hay grinding operation. [Read more…]
Defense verdict, home waterline freeze/flood
VERDICT: Defense, home waterline freeze/flood. [Read more…]
Supervisory control, fault, lacrosse blinding retrial
SUPERVISORY CONTROL of Fagg denied as to comparative fault of Plaintiff and non-party and CPA in school lacrosse stick blinding retrial… order. [Read more…]