Category: Discovery

Civil Procedure – Lack of prosecution, dismissal, discovery: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)

Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski2008-SC-000112-DG October 29, 2009Opinion by Chief Justice Minton; all sitting. Plaintiffs in a tort action appealed the trial court’s grant...

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TORTS – TP Negligence claim and workers comp injury, experts, impaired earning capacity, discovery sanctions: Boland-Maloney Lumber Company, Inc. v. Burnett (COA 9/11/2009)

Boland-Maloney Lumber Company, Inc. v. Burnett2008-CA-000059 9/11/09 2009 WL 2901206 DR pendingOpinion by Judge Wine; Judges Acree and Stumbo concurred. The Court affirmed on direct appeal and reversed on cross-appeal a judgment...

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CIVIL PROCEDURE & DAMAGES aka FRATZKE – counsel waived strict CR 8.01(2) damages interrogatories by deposing on damages: James B. Tennill, Sr. v. Cyrus M. Talai (SC 2/19/2009)

James B. Tennill, Sr. v. Cyrus M. Talai2007-SC-000046-DG 2/19/20092007-SC-000673-DG 2/19/2009Opinion by Justice Schroder; all sitting. Tennill received a default judgment against Talai for personal injuries suffered in a motor...

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