JAIL INMATE ALCOHOL WITHDRAWAL DEATH: Entirety of longstanding case involving death from alcohol withdrawal syndrome dismissed as to Blaine Co. and most of case as to Hill Co. regarding vicarious liability for hospital’s conduct in turning him away as “playing” jailers because he did not want to be in jail… Cuffe. [Read more…]
Vicarious hospital liability, jail inmate DT death
VICARIOUS LIABILITY: County in which inmate died from DTs not liable for hospital’s negligence… Sandefur reversed. [Read more…]
Wages, exotic dancer, employment periods
WAGES: Duration and periods of exotic dancer’s on-and-off employment properly determined by WHU to allow claim for latest period only… Best affirmed. [Read more…]
Transcript, attorney ordered to pay for copy
TRANSCRIPT: Attorney properly ordered to pay court reporter for copy of transcript ($1,168.20) over dispute as to whether he requested it… Larson affirmed (IOR I-3(c)). [Read more…]
Agency, personal liability, non-existent principal
AGENCY: Summary judgment correctly granted that architectural firm was not personally liable to engineering firm pursuant to §28-10-702(1) since — regardless of non-existence of a purported corporation as a separate legal entity — the architectural firm was a disclosed agent for a disclosed principal and did not assent to be personally liable for project work by engineer for benefit of project owner. . . common law rule that agent who contracts on behalf of non-existent principal is personally liable for the contract not unqualified . . . Kutzman affirmed. [Read more…]
Marital, insurance proceeds for wife’s burned vehicle
MARITAL: Husband obligated to reimburse wife for $10,500 insurance proceeds on wife’s destroyed vehicle which she paid to credit union under settlement agreement provision making husband responsible for debt. . . Jensen/Best reversed (IOR I-3(c). [Read more…]
Default judgment, property sale, unable to issue deed
DEFAULT JUDGMENT involving property sale for which deed could not be issued upon payoff properly set aside in light of extraordinary circumstances. . . Parker affirmed (IOR I-3(c)). [Read more…]
Discrimination, $1,350,000 for distress cut to 0
DISCRIMINATION: $1,350,000 emotional distress award for Indian jail inmate who died of alcohol withdrawal properly reversed by Sherlock due to HRC irregularities, Spear’s original 0 order properly reinstated as final order… order by Reynolds overruling Sherlock reversed on cross-appeal by counties. [Read more…]
Justice Court appeal, findings/conclusions v. review
JUSTICE COURT APPEAL: Findings & conclusions improperly entered by District Court rather than reviewing JP’s decision… Pinski reversed (IOR I-3(c)). [Read more…]
Indians, Tribal clinic CEO theft
INDIANS: Tribal clinic CEO’s theft convictions/sentencing affirmed… Morris affirmed (unpublished). [Read more…]
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