CLASS CERTIFICATION properly granted in soil settlement suit against subdivision developers… Souza affirmed. [Read more…]
Class certification, subdivision “bad dirt”
CLASS CERTIFICATION granted in subdivision “bad dirt” suit against developers… $3,440,000 settlement with engineers… Souza, Todd. [Read more…]
Inverse condemnation, sewage backup into home
INVERSE CONDEMNATION claim against City for sewage backup into home caused by grease clog properly rejected on summary judgment… Moses affirmed. [Read more…]
Child UTV death, parental responsibility, apportionment
WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]
$19,950.25 fees/costs, child death discovery sanctions
ATTORNEY FEES: $19,950.25 fees/costs awarded Plaintiff for Defendants’ failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case, with deductions recommended by Plaintiffs’ expert and over objection by Defendants that if the law requires fees when punitives claim was subsequently dismissed then “the law is a ass.”… Gilbert. [Read more…]
Discovery sanctions, punitives financial information
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…]
Respondeat superior, disclosures to new employer
RESPONDEAT SUPERIOR: Fact issues preclude summary judgment as to whether City supervisor’s negative disclosures to former employee’s new employer were incidental to authorized conduct and thus within the scope of his employment such that the City was liable for supervisor’s allegedly tortious conduct… Todd reversed. [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…]
Respondeat superior, false info about former employee
RESPONDEAT SUPERIOR does not impute to City a supervisor’s acts of giving false negative information to former City employee’s new employer. . . tortious interference with business relations and negligent misrepresentation claims dismissed on summary judgment. . . Todd. [Read more…]
Real estate negligence, duty of seller’s agent
REAL ESTATE NEGLIGENCE: Seller’s agent did not owe buyers a duty to inspect or discover mold or inform that sellers had attempted to remediate water damage themselves, properly dismissed on summary judgment… 1st impression construction of statutes that replaced common law duties… Gustafson affirmed. [Read more…]