VERDICT: $1,057,000, furniture fall from icy truck lift gate onto store owner, torn rotator cuffs/RSD. [Read more…]
Legal malpractice, non-client trust beneficiaries
LEGAL MALPRACTICE: Attorney who prepared farm/ranch trust documents for parents and later discussed with parents amendments to benefit 3 of 5 children owed no duty to non- [Read more…]
Legal malpractice, duty to non-client beneficiaries
LEGAL MALPRACTICE: Attorney who prepared original trust documents for parents and discussed with parents amendments to benefit 3 of 5 children owed no duty to non-client potential beneficiaries (the 3 children) to see that amendments were executed… claim also time-barred… Gustafson. [Read more…]
Firefighters, entry age limit constitutionality
FIREFIGHTERS: Constitutionality of entry age statute to be determined by judge, not jury, defense verdict vacated but no new trial or reinstatement of claims… age 34 for new firefighters unconstitutionally arbitrary, violative of equal protection… no damages since County relied in good [Read more…]
Discovery, waiver of objections
DISCOVERY: Defendant waived objections by not timely & properly stating objections, untimely privilege log insufficient, claimed (disputed) oral stipulation to extension not permitted by Rules… counterclaims not dismissed as sanction… Ostby. [Read more…]
Negligence/slander, child sex abuse allegation
NEGLIGENCE/SLANDER: Defendants who investigated and removed child from home based on unsubstantiated allegations of sexual abuse by father entitled to statutory immunity… Dayton affirmed (IOR I-3(d)(v)). [Read more…]
Standing, police pension/disability fund
STANDING: Police association lacks standing to challenge City’s management of pension/disability fund, claims for future retirement payments/reimbursements fail injury-in-fact test… Haddon affirmed (unpublished). [Read more…]
Mandamus, subdivision enforcement
MANDAMUS: Former property owner lacks standing to compel local government officials to enforce subdivision golf net requirements… claim also time-barred…Newman. [Read more…]