INSURANCE: Summary judgment properly granted that 4 separate vehicle liability coverages are not stackable… Jones affirmed. [Read more…]
Dog attack, total hip arthroplasty
DOG ATTACK: Summary judgment on liability in favor of Plaintiff who was only one who witnessed attack which resulted in total hip arthroplasty… Defendants offer only unsupported skepticism of veracity… Moses. [Read more…]
Cow strike, federally funded road, willful conduct
COW STRIKE: §27-1-724 willful conduct standard not applicable to Hwy 212 which receives federal funding even though no longer called a “federal-aid primary” route… alleged violation of 60-7-201 to be analyzed under ordinary negligence standard with reasonableness of owner’s conduct a jury question… Moses. [Read more…]
$4.6 million default, dram shop death
DEFAULT JUDGMENT: $4.6 million against bar for death caused by intoxicated patron… Jones. [Read more…]
Jury waiver, unilateral, buried, knowing/voluntary
JURY WAIVER: Defendant failed to overcome presumption against waiver, failed to prove knowing waiver by buried unilateral provision, motion to strike jury demand denied… Molloy. [Read more…]
Insurance, BCBS PPA, 3rd-party auto insurers
INSURANCE: No legal duty under PPA for hospital or clinic to charge 3rd-party auto insurers at BCBS reimbursement rate, contract/fraud claims properly dismissed for failure to state claim… Todd, Fagg affirmed. [Read more…]
Insurance, BCBS reimbursement rate, alter/amend
INSURANCE: Alter/amend judgment rejecting claim for difference between what 3rd-party insurers were charged for medicals and amount they would have paid pursuant to BCBS reimbursement rate denied for failure [Read more…]
Discovery/insurance, BCBS reimbursement rate
DISCOVERY/INSURANCE: Plaintiff sanctioned for Defendant having to compel discovery over relevance objections… claim for compensatory damages equal to difference between what 3rd party insurers were [Read more…]