SUPERVISORY CONTROL of Lint’s denial of dismissal of abuse of process counterclaim denied… Order. [Read more…]
Default, $739,738.97 vodka default judgment set aside
DEFAULT: No manifest abuse of discretion in setting aside $739,738.97 default judgment in vodka distribution dispute despite “concise” analysis… Halligan affirmed (memorandum). [Read more…]
$357,000 net verdict, joint real estate ventures
VERDICT: $400,000 for unjust enrichment to Estate of deceased partner in joint real estate ventures, $43,000 to Defendant partner for fraud/constructive fraud/deceit by deceased partner. [Read more…]
Negligence, auto/pedestrian defense verdict
NEGLIGENCE: Cross of eyewitness to auto/pedestrian collision as to prior inconsistent statements improperly curtailed, defense verdict reversed, remanded for new trial… summary judgment on negligence per se properly denied, proper response to jury query as to City’s cross-walk law… Larson reversed, affirmed. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Employers Mutual changes coverage analysis but does not result in coverage of beetle infestation claims against log home builder, reconsideration denied… homeowner’s counterclaims against insurer, 3rd-party claims against agent, rejected… Christensen. [Read more…]
Judge disqualification, $10 mil consent judgment
JUDGE DISQUALIFICATION: Judge presiding over insurer’s challenge to reasonableness of $10 million accounting malpractice consent judgment should have disclosed his own insurer’s challenge of reasonableness of sexual harassment consent judgment with court reporter (first impression)… remanded for findings & conclusions by new judge… opinion & order. [Read more…]
Defense verdict, pedestrian/auto
VERDICT: Defense, no negligence (disputed crossing in unmarked crosswalk), pedestrian/auto, multiple injuries. [Read more…]
Insurance, beetle infested log home
INSURANCE: CGL insurer did not breach duty to defend or settle beetle infestation claims against log home builder… decision not to treat logs with insecticide was not covered “occurrence”… insurer not liable for $328,825 consent judgment… Christensen. [Read more…]
Insurance, grizzly maul victim, “temporary worker”
INSURANCE: Fact issues as to whether grizzly maul decedent was “temporary worker” or “employee” preclude summary judgment on duty to indemnify animal facility… because there is potential for coverage if victim is found to have been temporary worker, insurer has duty to defend against tort claims… findings & recommendation… Lynch. [Read more…]
Equine negligence v. recreational use
EQUINE NEGLIGENCE: Supervisory control of Neill denied as to denial of summary judgment for ranch on basis that Equine Activities Act controls horse throw by non-paying guest, not Recreational Use Statute… order. [Read more…]