NEGLIGENCE: Medical panel report improperly let MVA Defendant put doctors’ opinions that Plaintiff could return to job in record without calling them to testify, $59,500 verdict reversed, remanded for new trial… original medical bills should be allowed pursuant to Meek… parts of deposition based on post-disclosure medical records properly excluded… Ulbricht reversed, affirmed. [Read more…]
$59,500 verdict, $92,929 Ridley, auto/school bus
VERDICT: $59,500, auto/school bus, summary judgment negligence, $92,929 Ridley, neck/back/chest/ankle. [Read more…]
Attorney choice, parents v. GAL, child MVA
ATTORNEY CHOICE: Parents who consented to GAL/conservator to act in best interests of child in MVA claims divested themselves of right to choose counsel… constitutional, RPC conflict claims rejected… McNeil affirmed. [Read more…]
Discovery, CHIP recipients, potential class action
DISCOVERY: Supervisory control of McCarter by mother of bicycle/auto decedent denied as to limiting discovery to CHIP recipients over last 6 months rather than to all insureds for whom BCBS paid health insurance benefits and received reimbursement for providers pursuant to liens [Read more…]
ERISA, non-emergency surgery in waiting period
ERISA: Plaintiffs’ failure to plead/establish ambiguity of Plan under federal law bars equitable estoppel claim (purported assurance that non-emergency surgery was covered despite 3-month waiting period) in state breach of contract action… Curtis. [Read more…]