Blaine Edson

The plaintiff brought a motion for summary judgment to enforce a vendor take-back mortgage, promissory note, and personal guarantee following the sale of a coin laundry business to the defendants.

The defendants opposed the motion and brought a cross-motion for production of financial records, arguing the plaintiff misrepresented the business's income.

The court granted the plaintiff's motion, finding no genuine issue for trial.

The court enforced the entire agreement clause in the purchase agreement, noting the defendants had ample opportunity to conduct due diligence, verify the income, and walk away from the transaction before closing.

The plaintiff suffered a severe traumatic brain injury in a motor vehicle accident while riding as a passenger in a vehicle driven by the defendant.

Prior to the accident, both the plaintiff and the driver had consumed alcohol at the All Star Tap & Grill House.

The court found the driver 80% liable for the accident due to impaired driving and the commercial host 20% liable for over-serving alcohol and failing to prevent the intoxicated driver from operating a vehicle.

The plaintiff was found 25% contributorily negligent for failing to wear a seatbelt, entering a vehicle with an impaired driver, and encouraging the driver to speed.

The court assessed the plaintiff's damages, including $300,000 for non-pecuniary damages, significant amounts for past and future loss of income, and over $9 million for the cost of future care.

Family Law Act claims were also awarded to the plaintiff's parents and siblings.

The defendant brought a motion to dismiss the plaintiff's action for delay under Rules 24.01(2) and 48.14(1) of the Rules of Civil Procedure.

The action, arising from a 2010 theft and vandalism incident, was struck from the trial list in April 2015 and not restored.

The court found inordinate and inexcusable delay caused by the plaintiff's counsel, which resulted in a presumption of prejudice.

The plaintiff failed to rebut this presumption, as relevant documents were not produced and a key witness's memory had faded.

The motion was granted and the action was dismissed.