CITY SIDEWALK: City has duty to maintain sidewalk involved in trip & fall, property owners dismissed from City’s claim against them… Seeley. [Read more…]
Duties of skier, snowboarder crash into stopped skier
DUTIES OF SKIER: Snowboarder negligent per se in colliding with stopped skier… fact issues preclude summary judgment as to causation for injuries and comparative negligence… Breuner. [Read more…]
Insurance, MMI opinion defeats Ridley claim
INSURANCE: Doctor’s opinion that MVA claimant has reached MMI creates sufficient cloud on causation to defeat Ridley claim… Sullivan. [Read more…]
Sanctions, lost parking lot surveillance footage
SANCTIONS for loss of Probation Office parking lot surveillance footage improperly imposed under Court’s “inherent authority” when such loss is covered by Rule 37(e) which requires purposeful hiding of evidence… finding of “recklessness” insufficient to instruct that it was established as a matter of law that Probation Officer used excessive force against probationer’s mother… $75,000 verdict and $94,077.97 attorney fees reversed, remanded for new trial… Morris reversed. [Read more…]
Defense verdict, “pedestrian”/pickup, broken bones
VERDICT: Defense, pickup driver struck by another pickup while stepping down from adjusting straps on load… broken bones. [Read more…]
$150,000 verdict, intersection MVA, whiplash
VERDICT: $150,000, intersection MVA, admitted liability, whiplash. [Read more…]
Defense verdict, broodmare death from severe colic
VERDICT: Defense, broodmare death from severe colic. [Read more…]
Negligence, $510,343.05 MVA verdict reversed
NEGLIGENCE: Alternative causation evidence improperly excluded in MVA trial, error compounded by Plaintiff taunting Defense for not presenting excluded evidence… $510,343.05 verdict reversed, remanded for new trial on causation/damages elements of pain/suffering and course of life… Dayton reversed (52-page Opinion). [Read more…]
Defense verdict, fire caused by combine in wheat field
VERDICT: Defense, combine operator not negligent as to fire caused by combine in wheat field. [Read more…]
Defense verdict, moderate impact MVA, no causation
VERDICT: Defense, admitted responsibility for passenger-side MVA but no causation found, cervical rotational bending injury resulting in cervical cord contusion involving all 4 extremities as well as post-trauma vision syndrome. [Read more…]
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