POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]
Post-verdict, request to “correct” $657,000 MVA verdict
POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]
$427,050 net (65/35) verdict, boxes fall on truck driver
VERDICT: $657,000 gross, $427,050 net (65/35 fault), boxes falling on driver’s head when opening trailer at warehouse store, TBI/post-concussion syndrome. [Read more…]
Discovery, baler bearing wildfire, closed claim files
DISCOVERY: Supervisory control of Best denied in baler bearing wildfire case as to compelling discovery of Deere’s closed claim files from 1993 to present along with Plaintiffs’ version of a protective order allowing them to share documents with attorneys in similar cases… order. [Read more…]
Casino lessee eviction, lost profits, punitives, fees
CASINO LESSEE EVICTION: Compensatory (lost profits), punitives, interest awards affirmed, reversed. . . attorney fees properly awarded under LLA. . . Seeley affirmed, reversed. [Read more…]
Arbitration, tractor dealership principal’s “dispute”
ARBITRATION: “Dispute” against tractor manufacturer by ousted dealer principal not incorporated in dealership agreement arbitration clause, motion to compel arbitration properly denied. . . Deschamps affirmed. [Read more…]
Arbitration, “pushed out” of implement dealership
ARBITRATION: Individual asserting claims for being “pushed out” of implement dealership not bound by arbitration clause between dealership and company as to “disputes” between individual and company as opposed to “Disputes” between dealership and company. . . motion to compel arbitration denied. . . Deschamps. [Read more…]
Default, casino eviction, attorney negligence
DEFAULT: Motion to set aside default and default judgment in casino property eviction case based on prior counsel’s alleged “utterly horrible and gross negligence” properly denied, but remanded for recalculation of $2,083,171 damages award… Seeley affirmed, reversed. [Read more…]
Sanctions, $306,954.23, failure to disclose 1st Will
SANCTIONS: Informal probate of contested 2011 Will executed by dying man disinheriting son named in 1980 Will and leaving Estate to wife of 13 months denied as default sanction for failure to timely disclose Will executed days before contested Will… contested Will also rejected in formal probate… $306,954.23 fees/costs assessed under Rule 37 for untimely disclosure of Will, plus fees-for-fees (disputed as to joint & several with counsel)… Larson. [Read more…]
Negligence, fall by water truck driver at well site
NEGLIGENCE: Mine operator owed no duty to water truck driver allegedly injured at well site on land owned by mine owner (well owned by farmer)… Jones. [Read more…]