VERDICT: $3,087,000 ($2 million general damages), ophthalmology malpractice, intraocular lens implants allegedly leading to loss of vision. [Read more…]
Negligent spoliation, salvage death vehicle
NEGLIGENT SPOLIATION: Claim that insurer had duty to retain salvage death vehicle in anticipation of potential tie rod suit against manufacturer rejected under Montana (not ND) law. . . Cavan. [Read more…]
Jury waiver, unilateral, buried, knowing/voluntary
JURY WAIVER: Defendant failed to overcome presumption against waiver, failed to prove knowing waiver by buried unilateral provision, motion to strike jury demand denied… Molloy. [Read more…]
Insurance, owner/operator, “brokerage operation”
INSURANCE: Owner/operator’s load not excluded from contractor trucking company’s policy as brokered load… death crash covered… Cebull. [Read more…]
Medical malpractice, child’s lack of development
MEDICAL MALPRACTICE: Liability as sanction properly denied as to alleged violation of pretrial rulings… proposed instruction barring mother’s conduct in relation to pediatrician’s failure to timely address lack of daughter’s development properly denied… new trial properly denied following defense verdict… Baugh affirmed. [Read more…]