VERDICT: Inoperative NWE streetlight improperly kept from jury in pedestrian/auto intersection suit against City, NWE, and the driver based on erroneous application of Public Duty Doctrine… $1.6 million verdict apportioning 35% fault to pedestrian and 65% to driver reversed, remanded for new trial… McElyea reversed. [Read more…]
$1,040,000 net verdict (65% driver, 35% pedestrian)
VERDICT: $1,040,000 net (65% driver, 35% pedestrian), defense as to City’s design/maintenance of intersection. [Read more…]
Medical malpractice, hospital decedent’s cell phone
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
Medical malpractice, CF birth, defense verdict
MEDICAL MALPRACTICE: Defense verdict affirmed in suit against NP and OB/GYN where mother claimed that had she known baby would have CF she would have aborted… collateral source testimony properly admitted under curative rule… expert testimony within disclosure scope… new trial properly denied based on suggestion that mother was suing out of avarice for herself instead of for the child’s well-being… Salvagni affirmed. [Read more…]
Wrongful discharge, hospital radiation officer
WRONGFUL DISCHARGE: Hospital radiation officer defense verdict affirmed… appellate brief considered despite over-length contrary to compliance certificate, but issues incorporated by reference to District Court record not considered… J. Brown affirmed (IOR I-3(c)). [Read more…]
Defense verdict, med-mal, cystic fibrosis child
VERDICT: Defense, medical malpractice, claim that had Plaintiff known daughter would be born with cystic fibrosis she would have terminated pregnancy. [Read more…]
Defense verdict, wrongful discharge addendum
VERDICT ADDENDUM: Alleged public policy violations elaborated on by Plaintiff in defense verdict of wrongful discharge claim by medical physicist/radiation safety officer. [Read more…]
Defense verdict, wrongful discharge, med physicist
VERDICT: Defense, wrongful discharge, medical physicist/radiation safety officer. [Read more…]
Defense verdict, med-mal, hysterectomy
VERDICT: Defense, medical malpractice, alleged unnecessary hysterectomy without proper consent and with complications. [Read more…]
Insurance/banking, renewal time, money order
INSURANCE/BANKING: Ex-agent’s receipt of premium did not impute timely receipt by insurer when insureds knew of agent’s [Read more…]