VERDICT: Jury found $650,000 damages for eye injury from shattered safety glasses in RR shop, deducted $50,000 for failure to mitigate, found 50/50 negligence… Plaintiff seeks to eliminate contributory on basis that evidence proved RR violated safety statutes… RR seeks $96,553 offsets for wage loss/disability benefits, which it asserts would mean $203,447 net to Plaintiff. [Read more…]
Gravel access lease, parol evidence
GRAVEL ACCESS LEASE properly construed without parol evidence purporting to allow renewal in perpetuity… Townsend affirmed (IOR I-3(d)). [Read more…]
RR crossing negligence, ice/snow slip & fall
RR CROSSING NEGLIGENCE: City did not owe or breach duty to pedestrian who slipped on snow & ice on pedestrian part of crossing of city street which is also state highway… State owed common law duty to maintain crossing in reasonably safe [Read more…]