VERDICT: $11,237,500, abused infant who suffered blindness and severe TBI after CFS failed to properly investigate allegations of child abuse… retrial on remand from reversed $16,652,538 verdict. [Read more…]
Student loan refunds, class action defense verdict
STUDENT LOAN REFUNDS: Defense verdict as to class action against UM affirmed… Vannatta affirmed. [Read more…]
Failure to prosecute $5,157,580 default judgment
FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
$50,000 EEOC consent decree, sex harassment/retaliation
CONSENT DECREE: $50,000 punitives to former electric co-op office manager for sexual harassment and retaliation by former general manager plus extensive injunctive relief in EEOC action… previous total of $1,702,148.43 damages in State Court proceedings. [Read more…]
$16,652,538 DPHHS negligence verdict reversed
NEGLIGENCE: §41-3-203(1) immunity not applicable to State in case alleging DPHHS failed to properly investigate child abuse resulting in serious injuries… Court erred by ruling that DPHHS was negligent and assault was foreseeable… disproportionate sanction imposed on State for spoliation of photos showing bruising… $16,652,538 verdict reversed, remanded for new trial… Best affirmed, reversed. [Read more…]
Negligence, pedestrian in crosswalk defense reversed
NEGLIGENCE: Evidence properly admitted that pedestrian struck in crosswalk had been drinking, but last-minute refusal to take judicial notice of medical record of .053 BAC at hospital requires reversal of defense verdict, remand for new trial… Ohman affirmed, reversed. [Read more…]
Defense verdict, UM student loan refunds class action
VERDICT: Defense, UM student loan refund procedures class action. [Read more…]
Nuisance, $250,000 verdict, uphill flooding
NUISANCE: Jury properly instructed that notwithstanding “surface water is an enemy of all mankind and each landowner has the right to protect its own land therefrom” lower landowner must take reasonable care to avoid damage to upper owner… $250,000 verdict to upper owner for flooding resulting from lower owner paving affirmed… Olson affirmed. [Read more…]
Failure to prosecute, 11 years, fire property damages
FAILURE TO PROSECUTE: Suit alleging $3 million property damages from fire due to failure to maintain power lines properly dismissed after 11 years of no progress on the merits and no resolution of representation of Co-Plaintiff by pro se Plaintiff… Wald affirmed (memorandum). [Read more…]
$1,485.12 post-judgment interest on delayed prejudgment
ATTORNEY FEES/INTEREST: $1,485.12 post-judgment interest awarded on 34 days of delayed payment of $255,075.85 prejudgment interest to sexual harassment/retaliation Plaintiff… Plaintiff entitled to fees for motion ($5,862.50 if Defendant does not request a hearing to challenge reasonableness)… Laird. [Read more…]
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