VERDICT: $510,343.05, admitted liability MVA, shoulder injuries likely requiring replacement. [Read more…]
Well contamination, 3rd-party driller settled/dismissed
WELL CONTAMINATION: Driller of well at bar & grill found to be contaminated with fuel from store/gas station across the street dismissed from store’s 3rd-party claims after settling with bar & grill although not joint tortfeasor but under Deere/Durden rationale… main case settled eve of trial… Berger. [Read more…]
Medical licensing, Younger, 11th Amendment immunity
MEDICAL LICENSING: Challenge of license restriction for overprescribing narcotics rejected pursuant to Younger, 11th Amendment immunity… Molloy. [Read more…]
Defective yard hydrants
DEFECTIVE YARD HYDRANTS: Constitutional (clean/healthful environment) tort, negligence, declaratory, breach of contract claims by water district against DEQ dismissed on summary judgment… professional negligence claim against engineers time-barred, further briefing required as to whether gravamen sounds in tort… Jones. [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…]
Attorney practice, 3L prosecutor, SPR
ATTORNEY PRACTICE: Civil claims against 3L intern and CA in prosecuting criminal case rejected… Larson affirmed (IOR I-3 [Read more…]