DISCRIMINATION: Request for nonskid floor coverings so service dog would not slip within scope of duty under MHRA… remanded for analysis of whether requested accommodation “reasonable,” whether delay constituted constructive denial, whether HO/HRC damage award reasonable… Honzel reversed. [Read more…]
Archives for July 2009
Work comp, truck CO, cognitive
WORK COMP: Claimant’s expert as to cognitive effects of truck CO properly relied on… Daubert challenge waived by failure to request hearing…. remanded for determination of indemnity time period… Shea affirmed. [Read more…]
Work comp, wage loss, “disability,”
WORK COMP: Claimant who had no wage loss not “disabled” under 2005 WCA, qualified for 601(2)(a) time-limit waiver since he lacked knowledge of disability until he sought treatment in 7/07… Shea [Read more…]
Summary judgment, title insurance fact issues
SUMMARY JUDGMENT: Title insurance contract disputed fact issues improperly resolved on summary judgment… Salvagni reversed.
Amerimont sought a title policy in the name of prospective buyer Monty [Read more…]
Attempted assault with weapon, meth use
ATTEMPTED ASSAULT WITH WEAPON: Meth use admissible under transaction rule to explain why 3 officers had difficulty subduing smaller gun-grabber and their fear of serious injury… Daubert hearing request insufficiently preserved for appeal… instruction that intoxication is not a [Read more…]
Bail, indigent, habeas
BAIL: Indigent not entitled to recognizance… habeas denied without prejudice to seek further relief… order.
Juan Vasquez is charged with aggravated assault and criminal [Read more…]
Insurance, derivative death/survivorship claims
INSURANCE: Daughter’s wrongful death/survivorship claims derivative from father’s auto death, limited by his “each person” limit regardless of whether she sustained her own bodily injury… claims for mental impairment resulting from loss of father must be separately supported in underlying case… H. Brown. [Read more…]
$225,000 judgment, waterslide injury, cervical
BENCH JUDGMENT: $225,000 against waterslide manufacturer that minimally participated in litigation, waterslide injuries at motel, settlement with motel and pool installer, cervical fracture… McLean. [Read more…]
$80,755 net verdict, rental trip/fall, cheek/shoulder
VERDICT: $80,755.12 net (60/40), rental trip & fall, cheek fracture/nerve damage, frozen shoulder. [Read more…]
Defense verdict, RR crossing collision, death
VERDICT: Defense, RR crossing collision, death/emotional distress.
A Bozeman jury found 11-1 that MRL was not negligent and 12-0 that BNSF was not negligent in connection with a crossing collision in which Trey Julius was killed 12/16/03 at 6:45 p.m. 1 mile west of Belgrade. [Read more…]
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