LEGAL MALPRACTICE claim accrued when defendant learned that attorney mistakenly advised him to plead guilty to felony DUI, not when Court withdrew plea, time-barred… Reynolds affirmed (IOR I-3(d)). [Read more…]
Property/fees, HOA, lot no-division, $371,513 fees
PROPERTY/ATTORNEY FEES: Review of fees does not revive moot issue (1st impression), attempt to challenge interpretation of amended covenants to become prevailing party in HOA dispute mooted by dispute resolution… Restated Covenants did not preclude fees to prevailing party pursuant to original [Read more…]
Defense verdict, med mal, disk replacement
VERDICT: Defense, med-mal, disk replacement. [Read more…]
Bar negligence/dram shop, assault outside
BAR NEGLIGENCE/DRAM SHOP: Fact issues as to altercation which started inside bar and ended in assault outside preclude summary judgment under Kipp negligence factors… dram shop claim properly rejected on summary judgment for lack of [Read more…]
Causation, herniated disks
Claimant established that herniated disks and current disability are causally related to job accident, entitled to TTD as of 4/11 when doctor reported she could no longer perform duties, not retroactive to when benefits terminated in 12/08… Shea. [Read more…]
Causation
Petitioner failed to prove current condition causally related to job injury… Shea. [Read more…]
Mootness, appeal where judgment satisfied
MOOTNESS jurisprudence where judgment has been satisfied clarified, only question is whether this Court can grant effective relief, depends on facts, posture, relief requested… issue (who was driving?) remains, payment to medical providers does not render Court unable to grant [Read more…]
PTD, TTD, part-time hours
Insufficient evidence to support PTD… Petitioner with no interest in voc-rehab not entitled to TTD… indemnity correctly based on part-time hours… Shea. [Read more…]
Defense verdict, excessive force shooting death
VERDICT: Defense, claim of excessive force in shooting death of shotgun-wielding 13-year-old following high-speed pursuit for gas drive-off. [Read more…]
$650,000 settlement, intersection auto
SETTLEMENT: $650,000, intersection auto, FAA employee tortfeasor, admitted negligence, cervical fusion, lumbar disk [Read more…]