Fact issue as whether SI joint issue was mediated in first mediation precludes summary judgment on statute of limitations claim… Sandler. [Read more…]
Med-mal expert, failure to timely diagnose cancer
MEDICAL MALPRACTICE: Proposed expert properly found not qualified as to standard of care for Defendants as to failure to timely diagnose cancer… Rieger affirmed (IOR I-3(c)). [Read more…]
Shoulder overuse syndrome
Left shoulder condition is a compensable overuse syndrome caused by inability to fully use right shoulder after compensable injury. . . Sandler. [Read more…]
Casino lessee eviction, lost profits, punitives, fees
CASINO LESSEE EVICTION: Compensatory (lost profits), punitives, interest awards affirmed, reversed. . . attorney fees properly awarded under LLA. . . Seeley affirmed, reversed. [Read more…]
Progression of back injury v. aggravation
Inability to work not result of progression of 1994 back injury, new job aggravated Petitioner’s back condition and he has not returned to baseline, not entitled to TTD or PTD from time he quit job. . . Sandler. [Read more…]
New trial following $13,684.18 MVA verdict
NEW TRIAL granted following $13,684.18 MVA verdict based on failure to supplement Defense expert’s disclosure to reflect opinion that Plaintiff had reached MMI within 6 weeks of MVA. . . Menahan. [Read more…]
Supervisory control, medical corporate emails
SUPERVISORY CONTROL of Menahan’s denial of corporate emails denied for lack of showing normal appeal inadequate… order. [Read more…]
$13,684.13 verdict, MVA, osteoarthritis/shoulder
VERDICT: $13,684.18 for wife’s osteoarthritis/shoulder impingement/capsulitis, 0 for husband’s consortium, admitted liability MVA… $18,000 advanced. [Read more…]
TTD/PTD claim barred by 2-year statute
TTD/PTD claim barred by 2-year statute… Sandler. [Read more…]
Default, casino eviction, attorney negligence
DEFAULT: Motion to set aside default and default judgment in casino property eviction case based on prior counsel’s alleged “utterly horrible and gross negligence” properly denied, but remanded for recalculation of $2,083,171 damages award… Seeley affirmed, reversed. [Read more…]