HABITUAL TRAFFIC OFFENDER: Idaho default Infraction for failing to respond to Idaho speeding citation properly counted as a conviction by Montana MVD… Perry affirmed (memorandum). [Read more…]
Med-mal, ACDF surgery, hoarseness, swallowing, expert
MEDICAL MALPRACTICE: JML on informed consent properly granted for lack of expert testimony on standard for advising of possible long-term hoarseness and swallowing difficulty from ACDF surgery… Harada affirmed (memorandum). [Read more…]
Wrongful discharge, federal “Willful Loss of Earnings”
WRONGFUL DISCHARGE: Federal “Willful Loss of Earnings” doctrine erroneously applied to relieve employer of proving failure to mitigate… Oldenburg reversed. [Read more…]
$775,206.90 net verdict, opioid treatment death
VERDICT: $1,192,626 gross/$775,206.90 net (65/35 negligence) wrongful death, Suboxone prescribed by nurse practitioners in medical group dedicated to treating opioid-use disorder. [Read more…]
Directed verdict, med-mal, lasting hoarseness
DIRECTED VERDICT for med-mal Defendant, lasting vocal hoarseness & difficulty swallowing following cervical surgery… Harada. [Read more…]
Wrongful discharge, “Willful Loss of Earnings”
WRONGFUL DISCHARGE: “Willful Loss of Earnings Doctrine” applied to determine that fired Program Manager who took substitute teacher job failed to adequately mitigate with reasonable diligence… without damages, entire claim fails, rejected on summary judgment… Oldenburg. [Read more…]
Wrongful discharge, hospital official
WRONGFUL DISCHARGE: Hospital In-Home Care Services Director properly terminated for failing to manage rising accounts receivables and submit timely employee evaluations despite repeated warnings… Oldenburg affirmed. [Read more…]
DUI, white license plate light v. red taillights
DUI: Requirement of white plate light not satisfied by illumination from red taillights… absence of white plate light sufficient for stop… Mantooth/Oldenburg affirmed (IOR I-3(c)). [Read more…]
Contract, bail bond business Sale Agreement
CONTRACT: Defendants’ exhibit of bail bond business Sales Agreement purported underwriting terms attachment properly rejected as rebuttal evidence since it was not offered to counter new evidence… Sales Agreement properly found unambiguous, judgment properly entered for Plaintiff… Oldenburg affirmed (IOR I-3(c)). [Read more…]
DUI, routine police encounter, particularized suspicion
DUI: Approaching Defendant at gas station while responding to a tip of a driver who smelled of alcohol was routine police encounter that did not require particularized suspicion… particularized suspicion acquired upon driver’s participation in questioning and testing… motion to suppress properly denied although improperly based on particularized suspicion… Oldenburg affirmed (other grounds). [Read more…]