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…]
Respiratory condition misrepresentation
Petitioner misrepresented respiratory condition as depicted in video surveillance, not PTD, not entitled to retroactive TTD or ongoing treatment… Shea. [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).
Physical/psychological MMI, PTD
Petitioner reached MMI as to both physical and psychological conditions… PTD because no reasonable [Read more…]
UEF 3rd-party petition challenge
Facts which occurred prior to UEF’s 3rd-party petition may be considered in summary judgment… putative employer failed to appeal liability decision to mediation within 90 days, [Read more…]
Recreational use, ball player wellhead trip
RECREATIONAL USE: No liability for injuries by “500” player who inadvertently crossed onto neighbor’s property while running to catch ball and struck hidden wellhead… Sherlock affirmed (I-3(d)(v)). [Read more…]
Employment termination, disciplinary reasons
Claimant terminated from employment for disciplinary reasons, not injury… Shea. [Read more…]
3rd-party petition against uninsured employer
Uninsured employer may not be joined as party ostensibly liable to Claimant, but UEF may file 3rd-party petition against uninsured employer pursuant to HB 119… Shea. [Read more…]
State immunity, murder, discharged mental patient
STATE IMMUNITY properly applied to Warm Springs in murder by discharged patient… McCarter affirmed.
Derek Yarnall, 23, schizo-affective, was taken to St. Peter’s Hospital in [Read more…]