Justia Landlord - Tenant Opinion Summaries

Appellant appealed from the superior court’s post-judgment order awarding her attorney fees in the amount of $8,000 after a jury found Appellee liable for illegal eviction and wrongful use of civil proceedings. Appellant had requested nearly $60,000 in attorney fees. The Supreme Court affirmed, holding that the superior court did not apply an improper standard in evaluating Appellant’s request for attorney fees and that the court’s ultimate fee award was not an abuse of discretion. The court reviewed the award of attorney fees pursuant to Me. Rev. Stat. 14, 6014(2)(B) for an abuse of discretion and according the trial court substantial deference. View "Sands v. Thomas" on Justia Law

Francis Weber was severely burned by hot mineral water when he lost consciousness in a steam room in Hot Spring State Park. Weber brought a personal injury action against several defendants, including the State. The district court granted summary judgment in favor of the State, concluding that it was immune from suit pursuant to the Wyoming Governmental Claims Act. The Supreme Court reversed, holding that the State's activities in the park fell within the statutory waiver of immunity for operation and maintenance of a public park as (1) overseeing building construction on leased property and delivery of hot mineral water to lessees are part of the State's operation of the park, and (2) under these circumstances, the State's operation and maintenance of the park included overseeing and/or inspecting its lessee's property. Remanded.View "Weber v. State" on Justia Law