DISCOVERY SANCTIONS: Attorney fees/costs awarded for failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case… fact issues preclude summary judgment on punitives as to 2 Defendants, granted as to 1… claim that distribution of Trust assets following death of Trustee was fraudulent transfer rejected… request that assets be held by Court pending resolution of case rejected… Gilbert. [Read more…]
Discovery, ATV death Defendants’ financial information
DISCOVERY: Motion to compel Defendants’ financial information in discovery stage of ATV death case granted, with protective order governing who may access it… Gilbert. [Read more…]
Sex discrimination, $141,899.40, insurance agent
SEX DISCRIMINATION: $141,899.40, sexual harassment of insurance agent but no retaliation… administrative decision… Caroline Holien. [Read more…]
Insurance agent termination, non-compete covenant
INSURANCE AGENT TERMINATION: Contract-based damages limited to 10-day notice period… deferred compensation forfeiture-for-competition clause an unreasonable restraint of trade, briefing ordered on amount to be awarded… jury questions as to enforceability of non-compete covenant and whether employer breached agreement or otherwise acted in bad faith… Menahan. [Read more…]
Ambulance negligence, turn in front of motorcycle
AMBULANCE NEGLIGENCE: Ambulance driver not using audible signal negligent per se for turning in front of motorcycle and not stopping at scene, but fact issues remain as to whether he believed there was an emergency vehicle behind which obviated the need to remain or whether he gave notice of accident… insurer obligated to pay $10,786.68 and $33,034.90 Ridley amounts with interest, compelled to produce ambulance driver’s statement to adjuster prior to litigation… Manley. [Read more…]