VERDICT: Defense, combine operator not negligent as to fire caused by combine in wheat field. [Read more…]
Insurance, insurer standing for Ridley declaration
INSURANCE: Insurer had standing to bring Ridley declaratory action, properly granted summary judgment based on auto/motorcycle liability and causation… initial willingness to advance-pay $89,983.95 medicals/wages did not constitute acceptance of liability… fees/costs properly denied Defendant/3rd-party claimant… hearing on summary judgment motions properly denied for lack of specific request… Seeley affirmed. [Read more…]
$3,299,499.50 net verdict, motorcycle/left turn van
VERDICT: $3,270,088.96 net ($5,109,514, 64/36 negligence), motorcycle/commercial van, femur/pelvis fractures. [Read more…]
$16,652,538 verdict, negligent child abuse investigation
VERDICT: $16,652,538, negligence by DPHHS in failing to properly investigate report of child suffering from abuse ultimately resulting in TBI, loss of sight, seizure disorder, developmental delays when father’s girlfriend swung her head into crib bars. [Read more…]
Sexual assault, civil suit stay for “potential” criminal
SEXUAL ASSAULT: Stay of civil suit until expiration of statute of limitations for “potential” criminal prosecution denied… Eddy. [Read more…]
Insurance, “equitable considerations” attorney fees
INSURANCE: “Equitable considerations” support award of fees for 12 hours prior to Defense’s acquiescence in demand for advance-pay of medicals that had been paid by Plaintiff’s insurer, not for 206 hours after Plaintiff rejected offer and filed declaratory action… Halligan affirmed (IOR I-3(c)). [Read more…]
Wrongful death, MVA bakery distributor’s truck
WRONGFUL DEATH: Magistrate’s recommended summary judgment rulings in MVA death case involving independent contractor distributor of bakery’s products whose driver was allegedly under influence of marijuana and issues of agency, subservant employment, joint venture, non-delegable duty under Federal Motor Carrier Safety Regulations, negligent selection of independent contractor, punitives… DeSoto. [Read more…]
Insurance exception for nontaxable costs made explicit
INSURANCE: Prior implicit extension of insurance exception to nontaxable costs made explicit… fees correctly awarded pursuant to insurance exception in UIM case, taxable costs correctly denied as untimely, nontaxable costs incorrectly denied… Laird affirmed, reversed. [Read more…]
Insurance, MVA, corporate deposition
INSURANCE: Supervisory control of Parker’s denial of MVA insurer’s request for a protective order to prevent Plaintiff from taking a 30(b)(6) corporate deposition on issues allegedly not relevant to the declaratory action denied. [Read more…]
PTD/SSD offset, 1 v. 2 comp injuries
MSF entitled to SSD offset from PTD under §702(4) “because of the injury” despite Claimant having suffered 2 injuries. . . no WCC jurisdiction over tort claim alleging violation of due process by taking offset without hearing . . . Sandler. [Read more…]