VERDICT: $4,321,814, FELA, train collision due to switch error, lumbar annular tear, psychological… summary judgment on RR’s liability and striking RR’s contributory negligence defense. [Read more…]
Sanctions, frivolous contributory assertion
SANCTIONS: Equivocating admission of liability for train collision not violative of Rule 11, but continuing to assert contributory negligence after clearing conductor of wrongdoing for collision caused by other employee’s switch error requires sanctions, form to be determined post-trial… Pinski. [Read more…]
Tobacco settlement, stay of dec action, diligence
TOBACCO SETTLEMENT: Stay of dec action to determine if State diligently enforcing qualifying statute pending nationwide [Read more…]
Defense verdict, conductor mental, train crash
VERDICT: Defense, FELA, conductor’s claimed mental condition from train collision. [Read more…]
Evidence, lag in conceding liability, damages phase
EVIDENCE: Plaintiff allowed to present limited evidence of lag in conceding liability in train collision, other liability evidence in [Read more…]
Service, FELA, equitable tolling
SERVICE: Equitable tolling denied for FELA complaint where 7 years elapsed between injury and service on 2nd complaint after [Read more…]
FELA, RR/car company “subservant” employer
FELA: Injured welder raised triable fact issue as to whether subsidiary car company was employer under “subservant” of RR theory… Molloy reversed. [Read more…]
Dram shop, 180-day notice, rehearing petition
DRAM SHOP: Rehearing denied on upholding 180-day notice for suing bars… order. [Read more…]
Excessive force arrest, $365,000 settlement
EXCESSIVE FORCE ARREST/SETTLEMENT: “Reckless” spoliation of arrest video warrants designation (default judgment) that officers used unreasonable force, reserving for jury causation, injury, damages, whether taser used, whether officers acted [Read more…]
Arbitration, tobacco settlement dispute
ARBITRATION: Rehearing denied in ruling that arbitration not required for Montana claims in tobacco settlement dispute… order.
The Court 8/5/09 reversed Judge Honzel’s order granting tobacco [Read more…]