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PERSONAL INJURY: Trial court denies defendant’s motion to strike plaintiffs’ claim for negligent infliction of emotional distress

The plaintiffs brought action for negligent infliction of emotional distress against a daycare provider after their two-year-old child suffered physical and psychological abuse at the hands of the defendant’s employee.  The plaintiffs claimed emotional distress as to themselves, not the…

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PERSONAL INJURY: Superior court denies plaintiff’s motion to strike apportionment complaint where, although apportionment defendant’s actions were intentional, apportionment plaintiff had adequately alleged negligent conduct

The plaintiff brought a negligence suit against a behavioral health treatment facility for children alleging that an adult woman had sexually assaulted, abused, and neglected the plaintiff while he was admitted to the facility.  The facility filed an apportionment complaint…

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PREMISES LIABILITY: Superior Court holds lessee fails to prove that building owner had contractual duty to defend store from premises liability action

The defendant grocery store rented space from the building owner per lease terms that obligated the owner to defend and indemnify the defendant from premises liability actions arising from the use of common areas, including the exterior front store entrance.…

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PERSONAL INJURY: Appellate Court holds plaintiff failed to show existence of unmarked crosswalk at location where he was struck by defendant’s vehicle

The plaintiff, during the course of employment as a delivery driver, was struck and seriously injured while crossing the street at night, during a heavy rainstorm.  The defendant was a state employee driving a state-owned vehicle and did not see…

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