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Tag Archives: Justice Cleo E. Powell

No sovereign immunity for community services board (access required)

Where appellant was molested by an employee of a community mental health services board, the circuit court incorrectly granted the board’s plea in bar after concluding that the board was entitled to sovereign immunity from appellant’s simple negligence claim. The ...

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Deferred disposition revoked for not paying court costs (access required)

Where appellant failed to pay his court costs, the Court of Appeals correctly affirmed the circuit court’s revocation of his deferred disposition and his conviction for possessing heroin. Background After his arrest for possessing heroin, Smallwood made a plea agreement ...

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Paramedics had immunity in wrongful death action (access required)

Although the circuit court concluded that paramedics who failed to thoroughly read the decedent’s advanced directives were “clearly negligent, and probably grossly negligent,” the court correctly concluded they were entitled to immunity from plaintiff’s wrongful death suit. This is the ...

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Benefits award upheld despite incorrect analysis (access required)

We affirm the Court of Appeals’ determination that claimant was entitled to workers’ compensation benefits, even though the court used an incorrect analysis to reach its conclusion. The appeals court ruled that claimant’s injury occurred during a four-hour period, and ...

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