Posts by helen@hljcreative.com
Viability of the Open and Obvious Defense in Wisconsin Premises Cases
Pursuant to the open and obvious defense to premises liability claims, a court rules as a matter of law that no duty exists to protect a plaintiff who voluntarily encounters an open and obvious hazard. Conventional wisdom in Wisconsin, as outlined in the comment to the Wisconsin Premises Liability Civil Jury Instruction, WIS JI-Civil 8020, is…
Read MoreUpdated No-fault Arbitration Rules Set Discovery Disclosure Deadlines and Rules for Motion Practice
On February 1, 2020, amendments to the Minnesota Rules of No-Fault Arbitration came into force that will aid auto insurers in assessing, advancing, and disposing of claims in No-Fault Arbitration. Of note, the amendment to Arbitration Rule 12 now imposes deadline of 30 days after the request is made for production of the mandatory disclosures,…
Read MoreUsing an Alleged Intoxicated Person’s Fault to Reduce Damages Awards in Dram Shop Cases
It has been the conventional wisdom in Minnesota that the Minnesota Dram Shop Act, Minn. Stat. § 340A.801 & .802, operates as a penal “strict liability” statute of sorts against restaurants and bars that overserve an alleged intoxicated person (AIP) that then injures himself/herself or dies, resulting in a dram shop claim from the AIP’s…
Read MoreMinnesota Supreme Court Ruling Substantially Impacts Collateral Source Calculations in Personal Injury Cases Involving Medicare/Medicaid
On October 16, 2019 the Minnesota Supreme Court published Getz v. Peace, 934 N.W.2d 347 (Minn. 2019), an opinion that substantially impacts how personal injury cases involving plaintiffs on Medicare and Medicaid should be valued. Getz interprets the Minnesota collateral source statute, Minn. Stat. § 548.251, which generally prevents personal injury plaintiffs from recovering medical…
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