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The court held Driver liable in negligence and battery after a motorcycle collision during a psychotic episode, and found Owner vicariously liable under s. 86.
The court held a challenged expert report in a proposed class action was true reply evidence, not impermissible case-splitting, and admitted it despite lateness.
Court awarded quantified party-and-party costs, apportioned disbursements and prejudgment interest based on Rule 77 principles, exercise of discretion on enhancement of costs for a formal offer (granting 25% increase rather than 50% due to disclosure and participation issues), allowed a substantial portion of expert fees for D. Tupper and partial fees for C. Beazley as reasonable and necessary, and applied equitable set-off between claim and counterclaim in reaching net obligations.
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The court found the plaintiff suffered concussion-related and vestibular injuries in a motor vehicle collision, and awarded damages for pain, past income loss, and future earning capacity.
The trial judge accepted the respondent’s expert evidence that there was no reasonable basis to foresee the drainage pipe would be at a shallow depth and that the contractual duty to notify did not arise; those factual findings meant the respondent met the applicable standard of care and was not negligent, so the appeal is dismissed.
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Family law trial on parenting and child support. The court ordered joint guardianship, primary residence with the mother, staged parenting time, and monthly child support.
Costs ruling in a personal injury action where the plaintiff recovered less than the defendants’ Rule 37B offer. The court split costs pre- and post-offer and disallowed some expert report disbursements.
Assessment of damages from a rear-end collision. The court limited liability to injuries proved before an intervening work injury and awarded modest general and special damages.
Costs assessment decision on disbursements: Part 7 costs and a private investigator’s fee were disallowed, while several expert reports were allowed in reduced amounts.
Family law trial on custody, relocation, access, child support and spousal support. The court rejected parental alienation syndrome and ordered the children’s residence and support arrangements.
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