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…]
Supervisory control, work comp collateral estoppel
SUPERVISORY CONTROL of Linneweber over collateral estoppel issue relating to industrial accident declined… Order. [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…]
Negligence, subsequent remedial, MVA, highway
NEGLIGENCE: Impeachment exception to Rule 407 narrowly interpreted to allow subsequent remedial measures if defendant [Read more…]
Defense verdict, MVA settlement contribution
VERDICT: Defense, no contribution from MDT, construction company, engineering company, signage company in $1,046,189 settlement by truck owner with pregnant woman rear-ended in construction zone. [Read more…]