Case Summaries 02/2013
(court-ordered sale of property by conservator to support incompetent ward does not completely adeem specific bequest or devise to beneficiary of ward's trust; bequest or devise is adeemed only to extent sale proceeds used to support ward or pay estate expenses, and after ward's death, balance of identifiable proceeds passes to beneficiary).
(plaintiffs property was flooded during major rainstorm; plaintiffs claimed that defendant's flood control project that was completed in 1982 and had been tilled over by farmers, was the cause of the problem; trial court determined that plaintiffs' claim barred by statute of limitations and state of repose, and that defendant had obtained easement by prescription to use plaintiffs' property; trial court entered summary judgment for defendant; on appeal, court held that plaintiffs' claims barred by statute of limitations, but that trial court erred in determining that defendant entitled to summary judgment under plaintiffs' claim that defendant negligent in allowing dike to be tilled over by farmers; case remanded for trial - amount of damages attributable to tilled-down dike created fact question).
(plaintiff, strip club operator, employed dancers as employees rather than independent contractors; plaintiff maintained sufficient control over dancers such that dancers were employees for unemployment tax purposes; plaintiff designated place where dancers performed, controlled customers, cover charge, tips, schedules, shifts, and fees charged for particular "services"; dancers also prohibited from "working the crowd" around stage area while another dancer on stage, and if dancer violated "house rule" plaintiff's management had authority to impose fines or terminate business relationship; also, dancers required to charge minimum price for various "dances" and if minimum not paid, plaintiff's doorman would inform customer that such behavior unacceptable).