VERDICT: Defense, med-mal, alleged failure to timely diagnose acute cholecystitis. [Read more…]
Defense verdict, chiropractic malpractice, neck
VERDICT: Defense, chiropractic malpractice, neck. [Read more…]
Class settlement, 25% fees of $9 million settlement
CLASS SETTLEMENT: $9 million, failure of 3 Rivers to retire capital credits to Browning Exchange members upon sale in 12/20… 1,863 class members, 25% attorney fees. [Read more…]
$150,000 verdict, intersection MVA, whiplash
VERDICT: $150,000, intersection MVA, admitted liability, whiplash. [Read more…]
Skier Responsibility, tree well death
SKIER RESPONSIBILITY: Tree wells not “inherent danger or risk of skiing” under statutes at time of 2010 death as made clear by 2015 amendment specifically including tree wells… whether decedent was skiing within his ability at time of accident, whether operator exercised reasonable care to warn of tree wells, decedent’s awareness of tree wells, causation, whether malice existed to support punitives, all fact questions for jury… Molloy. [Read more…]
Volunteer immunity, exchange student’s ski death
VOLUNTEER IMMUNITY: Host family immune from liability for exchange student’s death from falling into tree well… Molloy. [Read more…]
Medical damages, billed v. paid by insurer
MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]
$100,000 verdict, rear-end auto, whiplash
VERDICT: $100,000, rear-end auto, admitted liability, cervical whiplash. [Read more…]
Probate, will/trust challenge, bond, fees
PROBATE: Disinherited son required to post $75,000 bond to cover heir’s potential fees/costs in challenge of mother’s trust [Read more…]