VERDICT: $360,000, exploding toilet while being cleaned, foot RSD/CRPS. [Read more…]
Insurance, fees, jury valuation v. lower offers
INSURANCE: Attorney fees denied where insurer did not deny UIM coverage, Plaintiff chose to sue as insurer continued in good faith to evaluate claim and dispute value, jury’s ultimate $450,000 valuation does not mean lower offers unreasonable… Menahan. [Read more…]
Defense verdict, med-mal, swine flu death
VERDICT: Defense, med-mal, swine flu death. [Read more…]
Insurance, attorney fees, $200,000 UIM verdict
INSURANCE: Insufficient record to determine if Plaintiff’s request for fees under insurance exception was properly denied following $200,000 UIM verdict… both parties’ actions during entire process must be considered, not merely that insurer did not deny UIM coverage and Plaintiff sued before evidence sufficiently developed… disputed review standard clarified… Menahan reversed. [Read more…]
$450,000 verdict, intersection MVA, elbow/shoulder
VERDICT: $450,000 (to be reduced to $200,000 UIM limits), intersection MVA, admitted fault, elbow/shoulder. [Read more…]
Property, lis, successor trust, contract
PROPERTY: Individual properly dismissed from Yellowstone Mountain Club litigation for lack of personal interest in property, title to lots correctly held to be knowingly taken subject to lis, successor trust not judicially estopped from asserting claims [Read more…]
Septic permit, duty to maintain records, lost sale
SEPTIC PERMIT: County had duty to maintain septic permit records, damages relating to failed sale due to failure to produce permit reserved for trial… Seeley. [Read more…]
Eminent domain, access to landlocked property
EMINENT DOMAIN: Proof of existing residence required to create road from highway to landlocked property… existence/necessity generally jury questions, but Judge properly decided issue where undisputed that cabin not habitable… Sherlock affirmed (other grounds).
Negligence, experts, $26,000 MVA verdict
NEGLIGENCE: Preexisting conditions/injuries other than MVA back injuries properly admitted after Plaintiff opened door in opening… [Read more…]
$650,000 settlement, intersection auto
SETTLEMENT: $650,000, intersection auto, FAA employee tortfeasor, admitted negligence, cervical fusion, lumbar disk [Read more…]