Kurt Daniel Anderson

affirming summary judgment and holding that Statute of Frauds and contractual “as is” and merger clauses precluded claims based on alleged verbal misrepresentations

Affirming summary judgment and holding minor under age 8 incapable of negligence

Helicopter held not to be a “motor vehicle” for purposes of UM/UIM coverage

Affirming summary judgment and clarifying the “open and obvious” defense in premises liability cases

Holding that trial court order granting new trial is reviewed for abuse of discretion, and sufficient evidence creating “room for doubt” supported order granting new trial on basis of jury passion or prejudice and misconduct of counsel

Holding social workers subject to 4th Amendment “reasonable search and seizure” requirements, including court warrant for entry if consent is denied and no emergency exists

actual notice provisions of agent’s E&O policy precluded coverage where claim was not made and notice given during effective dates or extended notice period of claims-made policy

Affirming summary judgment and holding that professional malpractice defendant can submit own opinion evidence in support of summary judgment, which must be rebutted by contrary expert opinion

affirming summary judgment and holding contractual membership relationship was not grounds for a claim in negligence

affirming summary judgment and holding that doctrine of judicial estoppel precluded claim for $1 million in alleged property damages where plaintiff had claimed in prior bankruptcy to have property totaling $1,500

Affirming summary judgment and holding that motorized boom lift was not an “auto” under lessor’s commercial fleet auto policy.

affirming summary judgment and holding that “open and obvious” doctrine precluded claim for plaintiff’s fall into a ditch in a construction zone, and that any obscuring darkness was itself an “open and obvious” hazard