Where claimant’s treating physician unequivocally testified that claimant’s bilateral carpal tunnel syndrome was characteristic of his employment as a carpenter and caused by conditions peculiar to that employment, and also testified that he considered conditions outside claimant’s employment and found ...
Read More »Criminal – Speedy Trial – Charges Dismissed
Where one period of delay in bringing defendant to trial resulted from an order that did not state that the case was being continued, and a second period of delay was caused by a conflict in the court’s calendar, not ...
Read More »Criminal – Racial Bias In Jury Selection – Batson – Juror's Relatives – Occupation
Where the prosecutor said he struck one African-American juror because of his occupation as a nurse’s aide and the crucifix prominently displayed around his neck, and struck the other juror because he had a relative with the same name as ...
Read More »Workers' Comp – Identifiable Incident – Back Injury – Gradual Onset – Floral Manager
Although claimant, a floral manager who in January 1989 received an on-the-job back injury which required surgery, testified that while she was straightening vases in April 1991, she felt a crick in her back which later developed into more severe ...
Read More »Criminal – Malicious Wounding – Sufficiency
Although a witness, who along with two friends, got into a fight with several other men who followed them in a car, did not see defendant strike the victim, whose facial wound required 32 stitches, the witness positively identified defendant ...
Read More »Domestic Relations – Spousal Support – Housing Costs
Where this court determined in husband’s first appeal of the trial court’s spousal support award that the trial judge abused his discretion by fashioning a spousal support award that effectively required husband to satisfy the mortgage obligations on the marital ...
Read More »Domestic Relations – Equitable Distribution – Stock Appreciation
Although the husband contends the trial court erred in requiring him to prove that his marital efforts did not contribute to the appreciation of his premarital share of stock in the company of which he was president, the trial court ...
Read More »Domestic Relations – Property Settlement – Child Support Reimbursement – 21-Day Rule
Where the trial court in September 1985 entered a final divorce decree which ratified and incorporated a property settlement agreement in which the wife agreed not to seek child support in exchange for all the equity in the marital home, ...
Read More »Workers' Comp – Back Injury – Physical Therapy For Shoulder
Where claimant originally received a compensable back injury in 1984, but the medical records do not document any complaint of shoulder pain until May 1986, when claimant complained of pain in his right shoulder, and he subsequently received physical therapy ...
Read More »Insurance – UM Coverage – Rental Vehicle – Shooting Incident
Where each of three insurance companies defending this declaratory judgment action has a policy which provides that the company will pay uninsured motor vehicle coverage where an “owner’s or driver’s liability” for the damages results from the “ownership, maintenance or ...
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