SPOLIATION: First-impression issues in context of settled parties involving excavator bucket falling on worker in trench and inspections without notice to sewer contractor and removal of machinery resolved by finding of negligent — not intentional — spoliation and payment of expenses including attorney fees for contractor to conduct its own inspection… $33,277 awarded of $83,190 requested… Marks. [Read more…]
Dig Law, salt water pipeline strike, defense verdict
DIG LAW defense verdict and rulings in insurer’s claim for reimbursement of damages from saltwater pipeline strike affirmed… Watters affirmed (memorandum). [Read more…]
Will contest, farm left to 1 of 3 daughters
WILL CONTEST: Challenge to Will leaving farm to 1 of 3 daughters properly dismissed as time-barred… daughter successfully defending probate improperly denied fees/costs… Olson affirmed, reversed. [Read more…]
House contract, $135,000 verdict
HOUSE CONSTRUCTION CONTRACT: $135,000 verdict for breach of contract with builder affirmed… Gilbert affirmed (IOR I-3(c)). [Read more…]
Defense verdict, underground saltwater pipeline strike
VERDICT: Defense, insurer’s claim for reimbursement of damages incurred in underground salt water pipeline strike. [Read more…]
Mandamus, reverse voiding of septic permit
MANDAMUS properly denied to reverse voiding of septic permit. . . Gilbert affirmed. [Read more…]
Real estate, dual agent malpractice, expert
REAL ESTATE: JML properly granted on prospective buyer’s claim of intentional interference with buy-sell… summary judgment on realtor malpractice claim improperly granted for lack of expert… JML improperly granted for dual-agent realtor on breach of contract/covenant/ damage claims… Newman affirmed, reversed. [Read more…]
Jurisdiction, out-of-state Defendants, hearing
JURISDICTION over out-of-state Defendants improperly decided without hearing on disputed fact issues as to alter ego/successor theories… supervisory control of Allison accepted… order. [Read more…]
Procedure, appeal of standing master’s f&c
PROCEDURE: Appeal to this Court of standing master’s findings & conclusions not ripe absent objections within 10 days, final decision by District Court… standing masters, special masters distinguished… opinion & order. [Read more…]
Defense verdict, construction fall, brain
VERDICT: Defense, construction fall, negligence but no causation, traumatic brain. [Read more…]