Tag Archives: Judge Everett A. Martin Jr.

Liability for arbitration attorney’s fee clarified (access required)

Where an arbitrator awarded petitioner an attorney’s fee as a sanction for respondent’s failure to comply with discovery, respondent’s substitute counsel is liable for the sanction. Background The action before the court is a review of an arbitrator’s order requiring ...

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Bar not liable for patron’s injuries outside the building (access required)

Where plaintiff’s decedent was ejected from defendant bar and beaten outside of the building, the bar is not liable for the injuries. Background According to the allegations in plaintiff’s complaint, plaintiff’s decedent was a patron of a bar called The ...

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Oyer motion denied for criminal matter documents (access required)

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

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Defendant led plaintiff to believe no expert needed (access required)

The court held that while an expert should have been required to admit certain physical therapy records about plaintiff’s injuries, the defendant’s response to the plaintiff’s requests for admission reasonably led her to believe no expert was required. Background This ...

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Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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