HIGHWAY CONSTRUCTION: Rulings on claims of water runoff damage from highway widening, defense verdict… Townsend affirmed (IOR I-3(c)). [Read more…]
Medical malpractice, foot surgery, defense verdict
MEDICAL MALPRACTICE: Podiatrist properly precluded from testifying in suit against orthopedic surgeon relating to foot surgery which resulted in defense verdict… CPA claims properly dismissed as premised on professional negligence claims… H. Brown affirmed. [Read more…]
Volunteer immunity, exchange student’s ski death
VOLUNTEER IMMUNITY: Host family immune from liability for exchange student’s death from falling into tree well… Molloy. [Read more…]
Comp exclusivity, corporate officer/co-employees
WORK COMP EXCLUSIVITY: Corporate officer acting on behalf of corporation, not individually as owner, while supervising employee injured assembling carpet racks, immune from suit… Larson affirmed. [Read more…]
Insurance, injured logger, land owner
INSURANCE: Landowner not covered by logging company’s policy for employee’s injury… Allison affirmed. [Read more…]
Insurance, wood pyrolysis, restaurant fire
INSURANCE: Even if exposure of wood to excessive water heater exhaust temperatures created harmful conditions due to pyrolysis, that condition did not result in property damage from “occurrence” during policy period, restaurant fire after policy termination not covered, summary judgment no coverage/duty to defend properly granted… counterclaims dependent on coverage properly dismissed with prejudice… Allison affirmed. [Read more…]
Defense verdict, med-mal, foot surgery
VERDICT: Defense, medical malpractice, claimed unnecessary foot surgery, prolonged orthotic boot. [Read more…]
Punitives review, Hyundai steering deaths
PUNITIVES REVIEW: $240 million punitives for 2 deaths from head-on MVA found to be caused by Hyundai steering defect reduced to $72,960,012 (9:1 ratio)… cap unconstitutional, but if upheld by MSC, punitives should be $10 million against knuckle manufacturer and $10 million against vehicle marketer… Christopher. [Read more…]
$248,106,668 verdict, Hyundai steering, 2 deaths
VERDICT: $248,106,668 ($8,106,668 actual damages, $240 million punitives), head-on MVA, Hyundai Tiburon steering defect v. claim of fireworks in car, 2 deaths. [Read more…]
Defense verdict, insurance bad faith
VERDICT: Defense, insurance bad faith, violation of UTPA and common law but reasonable basis for handling whiplash claim, no fraud. [Read more…]