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Landlord not entitled to damages for utilities and late and administrative fees where it failed to authenticate its statement of charges for admission into evidence. Judgment entered in favor of counterclaimant.
Resident of homeowners' association had status of licensee rather than invitee in the association's common areas where declaration of association granted all residents permission to use the common areas. Judgment affirmed.
Defendant made a motion in limine to preclude plaintiff's expert in plaintiff's action asserting a design defect in a ladder caused him to fall and the court found that expert's "simulated use test", though simplistic in nature, was sufficiently reliable to justify admission at trial because the issue was relatively well-defined, the testing process would be readily comprehensible to a jury and issues such as the number of tests performed and the technician's arm movements while performing the tests could be adequately explored during
The court dismissed a third party complaint by a roofing contractor against the manufacturer of roofing shingles. The warranty provision for the shingles in question applied only to the owner of the home on which the shingles were installed, and not to the contractor who installed the shingles.
Challenge to jury charge waived where litigant failed to obtain record ruling on proposed charge and explicitly advised trial court that litigant had no objection to jury charge given by the trial court. Order of the superior court affirmed.
Trial court properly denied inmate's habeas petition asserting the board improperly detained him when it lodged a detainer against him that prevented his release on bail after he was arrested on new criminal charges because the board did not admit his averments, aggregation of consecutive sentences was automatic and mandatory, parole was not automatic and his challenge to the sentence imposed more than 20 years earlier was untimely. Affirmed.
Defendant sought reconsideration of the judgment holding that its mineral rights lease agreements with plaintiff class members were en-forceable contracts but it failed to produce evidence that the class members intended to incorporate into the document defendant's inter-pretation of the "no liability" clause or were even aware of such interpretation. Motion denied.
Motion to suppress evidence seized from vehicle glove compartment denied where police were statutorily authorized to seize vehicle and conduct inventory search for ownership documents after discovering mismatched license plate and VINs. Dispositional order affirmed.
Publication Date: 2018-09-11 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-1084
Trial court properly denied father's motions to suppress mother's brief and to modify custody to allow eight-year-old child to fly as an un-accompanied minor because trial court did not err by not interviewing child and did not abuse its discretion in considering "real world scenarios" or "common sense" in considering that planes could malfunction or be delayed and that airline personnel had duties other than checking on unaccompanied minors. Affirmed.
Petition for expungement of record of involuntary commitment that challenged sufficiency of evidence supporting commitment properly dismissed under doctrine of laches where passage of significant period of time made evidence impossible to obtain. Order of the trial court affirmed.