NEGLIGENCE: Defense verdict (65% negligence by Plaintiff motorcyclist, 35% by Defendant auto driver) affirmed… Ohman affirmed. [Read more…]
Defense verdict (35/65), auto/motorcycle, head
VERDICT: Defense (35/65 negligence), auto/motorcycle, multiple injuries including head trauma. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
Jurisdictional amount, common fund anti-stacking
JURISDICTION: Insurer failed to establish $75,000 for federal jurisdiction over State Court common fund challenge to cross-policy anti-stacking endorsement… DeSoto’s rejection of anti-stacking challenge reversed, remanded to State Court (memorandum). [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Premises liability, MVA, Goodwill donations drop-off
PREMISES LIABILITY: Expansion of liability to non-invitee third parties on public road rejected, summary judgment for Goodwill as to motorcycle collision with auto exiting private drive after dropping off donations… Ohman. [Read more…]
Insurance, defense of CPA against defamation
INSURANCE: Insurers correctly found to have no duty to defend CPA against claims stemming from participation in allegedly baseless 2012 suit… Vannatta affirmed. [Read more…]
$$94,500 net verdict (10/90) intersection MVA, whiplash
VERDICT: $94,500 net (10/90 negligence), intersection MVA, whiplash/soft-tissue… settled following verdict. [Read more…]
Insurance, UTPA/UIM, no injury from MVA
INSURANCE: UTPA/UIM claims properly disposed of by jury finding no injury from MVA over claims of unfair trial due to exclusion of claims file, denial of bifurcation, refusal to excuse panelist for cause, Judge asking jurors if they wanted to hear any more about witness’s qualifications, cumulative error… Menahan affirmed (memorandum). [Read more…]
Insurance, Minnesotans, Montana MVA, Illinois insurer
INSURANCE: Suit by Minnesotans in MVA in Montana against Illinois insurer properly dismissed for lack of personal jurisdiction… Haddon affirmed (memorandum). [Read more…]
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