PROBATE: 12th time appealing matters related to Estates constitutes gnawing on the core of the apple… Harada affirmed (memorandum). [Read more…]
$1 million settlement, death from falling pipes
SETTLEMENT: $1 million, trucker fatally injured by falling pipes during unloading of flat-bed trailer. [Read more…]
Wrongful arrest, defense verdict, mistrial denial
WRONGFUL ARREST: Mistrial based on Defense Counsel’s reference to Plaintiff’s criminal history properly denied… no jurisdiction to review denial of Defendants’ motion for summary judgment based on qualified immunity following defense verdict… Cavan affirmed (memorandum). [Read more…]
$3,000 verdict, shopping cart pushed into Plaintiff
VERDICT: $3,000, shopping cart pushed into Plaintiff following altercation over Defendant shooting Plaintiff’s dog that was chasing his calf. [Read more…]
Defense verdict, wrongful arrest
VERDICT: Defense, wrongful arrest. [Read more…]
Malicious prosecution, attorney disorderly conduct
MALICIOUS PROSECUTION and numerous other claims against City and officers by attorney cited for barking dogs, disorderly conduct, misdemeanor assault stemming from obscenity laced screaming rant dismissed on summary judgment… Cavan/Watters. [Read more…]
Rural electric service, line extension easement refusal
RURAL ELECTRIC SERVICE: Cooperative and member not required under 1956 and 2008 easements to extend service from member’s ranch buildings to new neighbor a section away… Cavan. [Read more…]
Victim standing to contest assault’s sentence
VICTIM STANDING: Assault victim has not established standing to contest assailant’s sentence, mandamus of Bowler denied… order. [Read more…]
Child UTV death, parental responsibility, apportionment
WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]
$19,950.25 fees/costs, child death discovery sanctions
ATTORNEY FEES: $19,950.25 fees/costs awarded Plaintiff for Defendants’ failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case, with deductions recommended by Plaintiffs’ expert and over objection by Defendants that if the law requires fees when punitives claim was subsequently dismissed then “the law is a ass.”… Gilbert. [Read more…]