BENCH JUDGMENT: 35% contributory negligence properly applied in awarding $154,356.15 fiber optic cable strike judgment with no prejudgment interest. . . Morris affirmed (memorandum). [Read more…]
Restoration damages, CERCLA preemption
RESTORATION DAMAGES: Bidegaray’s order denying summary judgment for ARCO on Property Owners’ restoration damages claim related to the Anaconda Smelter Superfund site as barred by CERCLA and granting summary judgment for Property Owners on ARCO’s CERCLA preemption defenses affirmed on petition for supervisory control… opinion & order. [Read more…]
$154,356 judgment, fiber optic cable strike
BENCH JUDGMENT: $154,356.15 net (35/65 negligence), fiber optic cable strike… Morris. [Read more…]
Flooring damages, toxic poisoning expert
FLOORING DAMAGES claims by homeowners dismissed as belonging solely to their LLC, lack of toxic poisoning expert… Townsend affirmed (IOR I-3(c)). [Read more…]
Negligence, $10,534 verdict, rear-end MVA
NEGLIGENCE: Rulings as to experts, directed verdict that rotator tear/shoulder arthritis not caused by MVA, Plaintiff may not recover damages sustained by sole corporation affirmed in $10,534 verdict… Seeley affirmed. [Read more…]
Negligence, $59,500 MVA verdict reversed
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…]
Contamination, smelter, soil, summary judgment
ENVIRONMENTAL CONTAMINATION: Smelter soil contamination summary judgment rulings affirmed, reversed… Newman affirmed, reversed. [Read more…]
$10,534 verdict, rear-end MVA, property/cervical
VERDICT: $10,534.05, rear-end MVA, property/cervical… shoulder claim directed out, increased payroll for business rejected in limine… uncontested liability. [Read more…]
$400,000 judgment, gas common carrier breach
BENCH JUDGMENT: $400,000 stipulated damages awarded to gas producer for breach of common law duty of common carrier inherent in grant of BLM easement by failing to accept gas for transport, operate gathering system on non-discriminatory basis, increase line pressures in adjacent field, and by establishing conditions that reduced production and flow of gas, injunctive relief denied, in case in which facts as to common law duty are sui generis… Strong. [Read more…]
Insurance, work comp offset, double recovery
INSURANCE: Work comp offset unambiguous, does not result in “double offset” for UIM insurer, precludes double recovery for insured… Strong. [Read more…]