VERDICT: Defense, admitted responsibility for passenger-side MVA but no causation found, cervical rotational bending injury resulting in cervical cord contusion involving all 4 extremities as well as post-trauma vision syndrome. [Read more…]
Insurance, UTPA “dual-insured” defense verdict
INSURANCE: Defense verdict on UTPA claims handling of MVA “dual-insured loss” affirmed over argument that Plaintiff was prejudiced by exclusion of global settlement amounts… McLean affirmed. [Read more…]
Class certification, jail strip searches
CLASS CERTIFICATION approved for claims of improper strip searches of misdemeanant jail detainees… Abbott affirmed. [Read more…]
Defense verdict, UTPA, MVA “dual-insured loss” claims
VERDICT: Defense, UTPA claims stemming from handling of MVA “dual-insured loss” claims. [Read more…]
Jail strip searches, constitutional/statutory challenges
JAIL STRIP SEARCHES: L&C Co. policy of suspicionless strip searches of everyone detained for traffic or minor offenses and placed in general population not violative of Art. II §§ 10 or 11, but violates plain language of §46-5-105 (2013), remanded for summary judgment on this issue for the 92 Plaintiff/Appellants… McMahon affirmed, reversed. [Read more…]
Boat slip eviction verdict, equitable relief, $500 CPA
BOAT SLIP EVICTION: Injunction compelling marina to provide boat slips and request for attorney fees denied following verdict finding that marina violated CPA in terminating sailboat slip rental but the violation did not cause damages… $500 statutory damages properly awarded… Menahan affirmed (IOR I-3(c)). [Read more…]
Boat slip eviction verdict, CPA equitable relief/fees
BOAT SLIP EVICTION: Equitable relief in form of injunction compelling marina to provide boat slips and attorney fees denied following verdict finding that marina operator violated CPA in terminating sailboat slip rental but the violation did not cause damages… Menahan. [Read more…]
Boat slip rental termination, CPA violation, 0 damages
VERDICT: Marina violated CPA in terminating boat slip rental but did not cause damages… Plaintiffs claim $500 statutory damages, equitable relief in form of slip rental, attorney fees. [Read more…]
$15,000 verdict, MVA, disputed spinal cord contusion
VERDICT: $15,000, MVA, admitted negligence, disputed spinal cord contusion, $55,000 offer of judgment. [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…]