EASEMENT: Grantee did not exceed scope of easement by temporarily parking, loading, unloading construction equipment within the easement and using the road for equipment’s passage onto his properties for further development… Wilson affirmed. [Read more…]
Easement, preliminary injunction denied, expanded use
EASEMENT: Preliminary injunction properly denied as to construction equipment’s minor expanded use of easement… Wilson affirmed (memorandum). [Read more…]
Conversion/emotional distress, equipment release
CONVERSION/EMOTIONAL DISTRESS: Claim that shop converted loader by releasing it to unauthorized party rejected… emotional distress claims fail parasitic or standalone standards… Christopher affirmed (IOR I-3(c)). [Read more…]
Easement, church access across neighbor’s property
EASEMENT: Access to church across neighbor’s property properly determined by resort to extrinsic evidence in light of ambiguous “Access” in “Access & Utility Easement Certificate” and plat diagram… attorney fees properly denied church… Allison affirmed. [Read more…]
$360,000 verdict, exploding toilet, foot
VERDICT: $360,000, exploding toilet while being cleaned, foot RSD/CRPS. [Read more…]
Ambulance negligence, turn in front of motorcycle
AMBULANCE NEGLIGENCE: Ambulance driver not using audible signal negligent per se for turning in front of motorcycle and not stopping at scene, but fact issues remain as to whether he believed there was an emergency vehicle behind which obviated the need to remain or whether he gave notice of accident… insurer obligated to pay $10,786.68 and $33,034.90 Ridley amounts with interest, compelled to produce ambulance driver’s statement to adjuster prior to litigation… Manley. [Read more…]
Scheduling order modification, trial date
PROCEDURE: Good cause/extraordinary circumstances not shown for modifying agreed scheduling order to extend trial date… Molloy. [Read more…]
$300,000 verdict, home inspection
VERDICT: $300,000, Home Inspection Trade Practices Act, CPA. [Read more…]
Conversion, exclusive insurance agency termination
CONVERSION claim by exclusive insurance agency upon termination for fraud viable under contract rather than secured transactions law under Allstate’s alternate universe governing agency relationships… Lympus reversed. [Read more…]
Corporate agent, home inspection deficiencies
CORPORATE AGENT: Summary judgment that home inspector is shielded from personal liability is precluded by fact issues indicating he was not acting in corporation’s business interests in allegedly deficient inspection… Larson. [Read more…]