WCA does not allow Court to grant lump-sum of medical/domiciliary benefits on demand of Petitioner… Petitioner may pursue lump sum of PTD if he can establish more than that insurer treated him “arbitrarily and unfairly”… Sandler. [Read more…]
Defense verdict, triathlon bicycle/auto, elbow
VERDICT: Defense ($2,000 damages but 60% contributory), bicycle/auto collision in Grizzly Triathlon , fractured elbow… insurer’s admission of liability not binding on Defendant. [Read more…]
Probate, reformation of donative documents
PROBATE: Restatement of Property allowance for reformation of donative documents to correct unilateral mistakes adopted as to instruments other than wills… while donative instrument may be subject to reformation after death, permitting a stranger to the [Read more…]
Discovery, attendance by corporate execs
DISCOVERY: Fees/expenses to be awarded if parties unable to resolve dispute before hearing… corporate officers ordered to appear at hearing on motion to compel to observe whether motion is reasonable… Molloy. [Read more…]
$750,000 verdict, med-mal, wrong level surgeries
VERDICT: $750,000, medical malpractice, infection/ CSF leak/nerve scarring following wrong level lumbar surgeries, [Read more…]
MMI
Petitioner not at MMI, not PTD… Shea.
Anthony Hale, 25, hurt his leg & ankle while loading boxes onto a truck in 1/06. Liberty accepted liability. He had ongoing pain and [Read more…]
Attorney fees, “offer,” “prevailing party,”
ATTORNEY FEES: Declined $2,500 offer not “offer of judgment,” Defendant unsuccessfully argued “no contract” on appeal, fees properly awarded to Plaintiff as prevailing party… rehearing denied… order. [Read more…]
Credit line, contract, ratification, credit limit
CREDIT LINE: Contract existed, manager ratified by buying on credit and paying bills, meeting of minds as to seller-inserted $2,500 credit limit… unlimited credit not denoted by “?” in agreement, but existed by buyer charging and seller allowing [Read more…]