NEGLIGENCE: New trial improperly granted following verdict of 54% negligence by Plaintiff motorist backed into at low speed by grader removing snow… Krueger reversed. [Read more…]
Insurance, oil well pollution, primary/umbrella
INSURANCE: Oil well pollution not covered by $1 million umbrella because primary only provides $100,000 pollution coverage… Morris affirmed (memorandum). [Read more…]
Auto/pedestrian defense verdict rehearing denied
AUTO/PEDESTRIAN: Rehearing denied as to Opinion affirming mid-block auto-pedestrian defense verdict… order. [Read more…]
Negligence, mid-block auto-pedestrian defense verdict
NEGLIGENCE: Testimony on statutes/legal conclusions properly limited in mid-block auto-pedestrian… reversal not warranted by claimed errors in admission of irrelevant medical evidence or limiting argument on a damage instruction where jury did not reach damages… UIM defense verdict affirmed… McMahon affirmed. [Read more…]
Defense verdict, UIM, auto/pedestrian
VERDICT: Defense, UIM, auto/pedestrian, alleged brain injury. [Read more…]
Unaccepted liability for CTS, mistake of hands on wheel
Insurer properly unaccepted liability for CTS from 2008 rear-end MVA because initial acceptance was based on mutual mistake that Petitioner had both hands on wheel when in fact she was holding phone with one hand… Petitioner did not establish that she suffered from postconcussive syndrome 2015-present, is not TTD or PTD… Sandler. [Read more…]
Med-mal, summary judgment statute of limitations
MEDICAL MALPRACTICE: Summary judgment on statute of limitations precluded by fact issues as to when Plaintiff was aware of sufficient facts to believe that she was injured by orthopedist’s alleged actions during knee surgery…. Ulbricht reversed. [Read more…]
MHP retirement, “alternative” to SS
MHP retirement not an “alternative” to SS retirement in this case, PTD improperly terminated… Sandler. [Read more…]
Prejudgment interest, state health plan made-whole
PREJUDGMENT INTEREST in State Health Plan benefits coordination/made-whole class action properly found to first accrue 30 days following BCBS, not when bills were incurred… Cooney affirmed. [Read more…]
Class action, auto medical settlement, $600,000 fee
CLASS ACTION: Auto medical exclusion settlement properly approved following 2nd fairness hearing over claims of, inter alia, collusion as allegedly indicated by $600,000 flat fee for class counsel on submitted claims and 30% contingency on unsubmitted claims… Newman affirmed. [Read more…]