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Torts

Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s ...

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Torts: Defamation-Limited-Purpose Public Figure-Actual Malice

Plaintiff filed suit against defendant, alleging that defendant published false and defamatory statements regarding a criminal complaint filed against plaintiff’s former fleet manager, charging him with theft by swindle. The district court dismissed plaintiff’s complaint, ruling that plaintiff was a ...

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Negligence: Personal Injury-Underinsured Motorist Coverage-Heightened Duty of Care

Plaintiff was seriously injured after falling from the trunk of a car driven by her friend, Samantha Denault. This caused for her to hire a personal injury attorney. After recovering from Denault’s insurer, plaintiff filed an underinsured motorist claim with ...

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Negligence: Personal Injury-Allocation of Fault-Underinsured Motorist Benefits

Plaintiff suffered permanent head injuries when she fell off the trunk of a vehicle. In a related action, the district court held a bench trial to apportion fault between plaintiff’s friends involved in the accident. In the present case, the ...

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Negligence: Hazing-Duty of Care

Plaintiff filed a negligence action arising from a hazing incident, alleging that defendant failed to adequately enforce its alcohol and hazing policies and that this failure caused plaintiff’s injuries. The trial court granted partial summary judgment to defendant, finding that ...

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Negligence: Accounting Malpractice-Sufficiency of Evidence

Plaintiffs appealed from the trial court’s grant of summary judgment to defendant. Plaintiffs argued that there was insufficient evidence to establish summary judgment for defendant in plaintiffs’ non-client professional negligence claim against defendant accounting firm. The uncontroverted material facts demonstrated ...

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Negligence: Municipal Defendant-Subsequent Remedial Measures-Bicycle Accident

Where a woman, who was injured when her bicycle wheel went into a storm-water sump inlet that extended into the sidewalk, sued the city for negligence, claiming the inlet was an unreasonably dangerous condition, the trial court abused its discretion ...

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