SAFE WORKPLACE: Project manager responsible for overseeing maintenance of walkways at generating station project, owed duty to employee of other subcontractor who slipped & fell on icy walk… Dayton. [Read more…]
Discovery, twins policy, non-party hospital
DISCOVERY: Document in possession of non-party hospital concerning delivery of twins discoverable in suit against sister [Read more…]
Health contract, obesity exclusion, “resulting from”
HEALTH CONTRACT: “Resulting from” construed such that only complications caused by non-covered treatment of [Read more…]
Insurance, UIM, family member vehicle exclusion
INSURANCE: Exclusion of UIM on family vehicle valid under Monroe… Monroe not in conflict with Bennett/ Hardy coverage for which insurer received consideration, [Read more…]
Myocardial infarction, work activities
Work activities not primary cause of myocardial infarction… greater weight to treating cardiologist… Shea. [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]
Procedure, post-deadline punitives claim
PROCEDURE: Dental malpractice Plaintiff allowed to add post-deadline punitives claim based on alleged concealment of lip laceration during surgery… Larson. [Read more…]
Procedure, pretrial order amendment
PROCEDURE: Pretrial order amendment rulings in truck driver’s disability insurance case… replacement of designated corporate witness denied… case subsequently settled… Lynch. [Read more…]
Insurance, trucker’s disability, SSD condition
INSURANCE: Alabama law applied to pre-enrollment tort/contract reformation claims in truck driver’s suit for continuing disability benefits which policy excludes for failure to qualify for SSD… fact issues as to whether trucking company office manager was apparent agent for insurer… fact issues as to claims for fraud, negligent misrepresentation, estoppel… fact issues as to fraud preclude policy reformation, acceptance [Read more…]
Insurance, bad faith, bifurcation, benefits paid
INSURANCE: Bifurcation of pre/post-enrollment claims in disability insurance trial denied… evidence of amount of benefits paid allowed… Lynch. [Read more…]