NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Attorney fees, $667,250, $2 million mobile park death
ATTORNEY FEES: $667,250 fees, $35,800.08 costs, awarded following $2 million gross verdict for death of child crushed by speeding driver in trailer park… Christopher. [Read more…]
$2 million verdict, trailer park vehicle crush death
VERDICT: $2 million gross (80%/15% fault by Defendants, 5% by Plaintiff), wrongful death/survivorship, child crushed by speeding driver in trailer park. [Read more…]
Dram shop death settlement apportionment, distribution
DRAM SHOP SETTLEMENT: $204,866.39 net from $325,000 for death of 19-year-old properly allocated $194,136.43 to survival action and $10,729.96 to wrongful death damages with $7.51 wrongful death damages and 0 survival/consortium damages to father who spent only 5 days with daughter. . . Pinski affirmed (IOR I-3(c)). [Read more…]
Agency, personal liability, non-existent principal
AGENCY: Summary judgment correctly granted that architectural firm was not personally liable to engineering firm pursuant to §28-10-702(1) since — regardless of non-existence of a purported corporation as a separate legal entity — the architectural firm was a disclosed agent for a disclosed principal and did not assent to be personally liable for project work by engineer for benefit of project owner. . . common law rule that agent who contracts on behalf of non-existent principal is personally liable for the contract not unqualified . . . Kutzman affirmed. [Read more…]
Gift inter vivos, mother’s farm shares to son
GIFT INTER VIVOS of mother’s farm shares to son properly upheld over challenges by other son… Olson affirmed. [Read more…]
Taxpayer standing, County financial deficits
TAXPAYER STANDING lacking to seek relief for County’s financial deficits… Menahan affirmed. [Read more…]
Real estate, farm sale/lease, first refusal
REAL ESTATE: Farm sale and lease with repurchase option, right of first refusal, 1031 exchange, damages, and attorney fee issues affirmed and reversed… Boucher affirmed, reversed (IOR I-3(c)). [Read more…]
Conservatorship, TOD modifications
CONSERVATORSHIP: Brothers lack standing to challenge TOD modification by wife/conservator made while husband was alive… McKittrick/Pinski affirmed (IOR I-3(c)). [Read more…]
Fire liability, scrap metal cutting torch sparks
FIRE LIABILITY: Relationship between property owner and scrap metal collector was not joint venture… use of cutting torch which started fire not inherently dangerous activity which would impute vicarious liability to property owner… Olson affirmed. [Read more…]