MEDICAL NEGLIGENCE claims against care/rehab provider dismissed on numerous grounds including failure to properly exhaust MMLP… Joseph. [Read more…]
Developmentally disabled abuse, $73,900 verdict
DEVELOPMENTALLY DISABLED ABUSE: Verdict award to counter-claimant Estate of deceased developmentally disabled man of $28,900 compensatory damages and $45,000 punitives for attempt to buy his house for 1/3 of its value affirmed… denial of treble damages and attorney fees under the CPA affirmed… failure to award fees & costs as a sanction for Plaintiff’s last-minute dismissal of specific performance complaint reversed… Whelan affirmed, reversed. [Read more…]
Disability discrimination, $56,860.40, fired diabetic RN
DISABILITY DISCRIMINATION/RETALIATION: $45,685.40 back pay, $11,175 emotional distress and counseling costs, fired diabetic RN… Administrative Decision, Joslyn Hunt. [Read more…]
Title insurance, counterclaims against insureds
TITLE INSURANCE: Insurer properly held not obligated to defend insured against counterclaims… Owen affirmed. [Read more…]
Protected person, elder abuse entity appointments
PROTECTED PERSON: Elder abuse entity properly appointed temporary conservator of 80-year-old with dementia and temporary co-guardian with feuding sisters… Dayton affirmed. [Read more…]
Furnace fire, cause-in-fact, home destruction
FURNACE FIRE: Fact issues preclude summary judgment that furnace servicer was not cause-in-fact of fire that destroyed home… denial of motion to exclude Plaintiff’s experts because one was Zoom-averse not abuse of discretion… Berger reversed, affirmed. [Read more…]
Easement confrontations, landlocked parcel on ranch
EASEMENT: Confrontation claims involving easement to 5 acres landlocked within 500-acre ranch rejected on summary judgment… Berger. [Read more…]
$59,525 net verdict, massage therapist retaliation
VERDICT: $64,000 to resort massage therapist for retaliation and wrongful discharge stemming from objecting to male clients wanting “something more”… Defense verdicts as to disability and sex discrimination and punitives and $4,475 on counterclaim for Plaintiff’s breach of loan. [Read more…]
Racial/sexual/national origin discrimination, student
RACE/SEX/NATIONAL ORIGIN DISCRIMINATION claims by parents of bullied high school student dismissed for failure to exhaust administrative remedies… Christensen. [Read more…]
Judge substitution, within 30 days of service/appearance
JUDGE SUBSTITUTION: A plaintiff must file a substitution motion within 30 days of service of the summons or of an adverse party’s appearance, whichever is first… motion filed more than 30 days after service was void and Whelan improperly transferred case to Krueger… because Krueger never had jurisdiction, his denial of Plaintiff’s motion to change venue is vacated. [Read more…]