VERDICT: $105,000, inverse condemnation, 35 acres of Plaintiff’s fields “taken” from farm entity by City by subdivision stormwater runoff at stipulated $3,000/acre. [Read more…]
$75,000 verdict, $94,077.97 fees, unreasonable force by PO
VERDICT: $75,000, §1983 unreasonable force by Probation & Parole Officer against Plaintiff who was observing arrest of her son, fractured elbow/sprained wrist… $94,077.97 attorney fees awarded of $181,865.47 requested… $2,802.97 costs awarded ($18,812.50 costs of use of force expert who did not contribute to success or appear at trial denied)… $35,000 settlement with City and police officer. [Read more…]
Building permit negligence/nuisance, public duty
RESIDENTIAL BUILDING APPLICATION: Negligence & nuisances claims against Town rejected for failure to establish special relationship exception to public duty doctrine… rights to know and participate claims time-barred… Olson. [Read more…]
Unreasonable force arrest, spoliation of parking lot video
UNREASONABLE FORCE ARREST: Sanction designating that officers used unreasonable force to arrest Plaintiff imposed for failure to preserve security camera video of Probation & Parole Office parking lot where arrest occurred… issues of causation, injury, damages, and whether officers acted with malice reserved for jury… Morris. [Read more…]
Judge substitution after 1st retirement, 2nd recusal
JUDGE SUBSTITUTION motion untimely in scenario with 2 orders calling retired Judge after retirement of presiding Judge and purported recusal of successor… McLean affirmed (IOR I-3(c)). [Read more…]
City annexation, “partial” “contiguous” tracts
CITY ANNEXATION: “Partial” tracts linked by road properly deemed contiguous… no fraud or duress in obtaining annexation waivers in exchange for water… equal protection claim rejected… Gilbert affirmed. [Read more…]
Medical damages, billed v. paid by insurer
MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]
$65,000 verdict, inverse condemnation, main break
VERDICT: $65,000, inverse condemnation damage to house from city water main breaks including emotional distress, loss of use. [Read more…]
Settled party defense, constitutionality
SETTLED PARTY DEFENSE: Supervisory control denied as to Pinski’s denial of constitutional challenge to 27-1-703… order. [Read more…]
Negligence, premises liability v. construction law
NEGLIGENCE: Premises liability law applies to restroom slip & fall by tenant’s independent contractor janitor, summary judgment for landlord improperly based on construction law and determination that no reasonable jury could find breach of ordinary care… Macek reversed. [Read more…]