NEGLIGENCE: New trial improperly granted following verdict of 54% negligence by Plaintiff motorist backed into at low speed by grader removing snow… Krueger reversed. [Read more…]
Insurance, duty to provide policy to 3rd-party claimant
INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Auto/pedestrian defense verdict rehearing denied
AUTO/PEDESTRIAN: Rehearing denied as to Opinion affirming mid-block auto-pedestrian defense verdict… order. [Read more…]
Negligence, mid-block auto-pedestrian defense verdict
NEGLIGENCE: Testimony on statutes/legal conclusions properly limited in mid-block auto-pedestrian… reversal not warranted by claimed errors in admission of irrelevant medical evidence or limiting argument on a damage instruction where jury did not reach damages… UIM defense verdict affirmed… McMahon affirmed. [Read more…]
Defense verdict, UIM, auto/pedestrian
VERDICT: Defense, UIM, auto/pedestrian, alleged brain injury. [Read more…]
OD claim filing time
Compensability of OD claim mooted by auto mechanic’s failure to file within 1 year of chiropractor’s DDD diagnosis. . . Sandler. [Read more…]
New trial following $13,684.18 MVA verdict
NEW TRIAL granted following $13,684.18 MVA verdict based on failure to supplement Defense expert’s disclosure to reflect opinion that Plaintiff had reached MMI within 6 weeks of MVA. . . Menahan. [Read more…]
Insurance, UIM fee opinion amended
INSURANCE: UIM fee opinion amended… order. [Read more…]
Insurance, attorney fees, UIM excess verdict
INSURANCE: When UIM insured is compelled to pursue litigation and a jury awards more than settlement offer, insurer must pay attorney fees… Plaintiff was compelled to sue, jury returned $450,000 verdict, insurer offered $77,500… Menahan reversed. [Read more…]
$13,684.13 verdict, MVA, osteoarthritis/shoulder
VERDICT: $13,684.18 for wife’s osteoarthritis/shoulder impingement/capsulitis, 0 for husband’s consortium, admitted liability MVA… $18,000 advanced. [Read more…]