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…]
Archives for 2009
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…]
Settlements
Plan I
Arturo Manriquez, wrist, 4 claims, 10/05-10/06, disputed, $20,000 new money, stipulated judgment; Kim Schulke for Manriquez, Andrew Adamek for MHA [Read more…]
Work comp, wages from sole proprietorship
WORK COMP: Late-filed challenge of constitutionality of §39-71-701(7) properly denied… Claimant received wages from sole proprietorship, properly ordered to repay $45,273 TTD… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Judge disqualification, municipal court
JUDGE DISQUALIFICATION: Disqualified municipal judge must refer affidavit/certificate to district judges, not appoint successor… order. [Read more…]
Marital, custody, property, support
MARITAL: Sole custody to father, supervised visitation by mother, proper in light of mother’s overzealous pursuit of Lyme disease treatment for children, refusal to work with those who disagree with her medical assessments… estate properly equitably divided… insufficient evidence for imputing $52,000 income to wife with 2-year nursing degree who had not worked for decade… Lympus affirmed, reversed. [Read more…]
Plea withdrawal/sentencing, statutory rape
PLEA WITHDRAWAL/SENTENCING: No objective proof that statutory rape Defendant assured at time of plea agreement of receiving low risk designation, plea withdrawal properly denied… “however slightly” standard for voluntariness of pleas (again) disapproved… supervised [Read more…]
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