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The Rough Notes Company Inc.

Court Decisions

    Intervention? Not so fast.

Intervention? Not so fast.

Intervention? Not so fast. On August 8, 2014, Robert O’Brien and others filed a complaint against Duerk Construction, Inc., and James Duerk, seeking to recover damages for alleged defective construction of property on Sea Island, Georgia. The complaint included claims for breach of contract, breach of warranties, and negligent construction. The Duerk defendants filed an answer and a third-party complaint naming as third-party defendants various subcontractors who had performed work

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Slippery slope of sliding scale

Slippery slope of sliding scale In 2012, José Rodriguez was injured in the course of his employment at Sabert Corporation. Liberty Mutual Insurance Company was Sabert’s workers compensation carrier. Liberty paid Rodriguez $148,590.40 in workers compensation benefits. A $1.2 million settlement was reached with the party responsible for causing Rodriguez’s injuries. Liberty asserted its rights to reimbursement from the third-party settlement. Rodriguez’s law firm sent Liberty a check for $98,310.26,

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Challenge to law limiting psych benefits

Challenge to law limiting psych benefits In 2014, William Kneer suffered a back injury in an accident that arose out of work performed in the course and scope of his employment. Kneer underwent extensive back surgery. He reached maximum medical improvement (MMI) for his back injury in January 2016, with a 10% permanent impairment. He was assigned permanent physical restrictions, including restrictions related to his ability to lift, carry, and

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You snooze, you lose

You snooze, you lose On April 25, 2015, hail from a thunderstorm caused roof damage to two houses that were owned by Ricky and Danielle Bosse. On January 11, 2017, the Bosses submitted a claim to their insurer, Access Home Insurance Company, for the roof damage to the house located at 1307 Girod Street. Access sent an adjuster to inspect the damage. After concluding that the roof and other portions

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Subrogation skirmish

Subrogation skirmish Michael Smaistrala was resting in the sleeper unit of his uncle’s semi-truck when his uncle lost control of the truck on an icy overpass and rolled the vehicle. Smaistrala, who was employed by his uncle, was injured in the rollover. Smaistrala’s insurer, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, paid him approximately $127,000 for medical services and disability benefits. Smaistrala sued his uncle, SRF LLC, KB Trucking,

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