Archives for 2009

DUI, wrong lane on gravel road

April 11, 2009 By lilly

DUI: Particularized suspicion to stop car in wrong lane on gravel road… Sherlock affirmed (IOR I-3(d)(v)). [Read more…]

DUI, parked on public road

April 11, 2009 By lilly

DUI: Officer approaching woman in parked car on public road without emergency lights or siren did nothing to impede her liberty, she would have felt free to leave, contact was not a seizure (1st impression), particularized suspicion not needed to justify contact, DUI investigation [Read more…]

Sentencing, prescription drug negligent homicide

April 11, 2009 By lilly

SENTENCING: Nexus between prescription drug MVA negligent homicide and alcohol condition not reviewed in revocation re-sentencing for failure to object below… Deschamps affirmed. [Read more…]

Restitution, prudent person test, lost income

April 11, 2009 By lilly

RESTITUTION: Reasonable/prudent person test adopted… impracticability of renting tractor properly considered in ordering restitution for lost income from theft of tractor… Phillips affirmed. [Read more…]

Statute of limitations, jail fall injury

April 11, 2009 By lilly

STATUTE OF LIMITATIONS: Facts of jail fall not self-concealing even though extent of injury may have taken more than 3 years to fully blossom… 120-days tolling for tort claim not applicable to counties… claim time-barred… Stadler. [Read more…]

House defects, termites, no inspection

April 11, 2009 By lilly

HOUSE DEFECTS: Purchaser of termite-ridden house who failed to get inspection failed to show misrepresentation or intentional failure to disclose, only raised suspicions… summary judgment for sellers… Seeley. [Read more…]

Attorney fees, discrimination defense verdict

April 11, 2009 By lilly

ATTORNEY FEES: Plaintiff’s rejected sex\disability discrimination claims reasonable despite defense verdict, County’s request for $90,484 fees as prevailing party denied… J. Brown. [Read more…]

Defense verdict, excessive force booking

April 11, 2009 By lilly

VERDICT: Defense, excessive force booking, skull fracture during struggle, subsequent seizure & drowning.

An 11-1 Missoula jury found that Missoula Officer Andrew Roy was not negligent (no unreasonable force) in connection with his arrest of Courtney [Read more…]

Settlements

April 11, 2009 By lilly

Plan I

Rex Wetzel, elbow, 7/05, disputed, $10,000, stipulated judgment; Stacy Tempel-St. John for Wetzel, Kelly Wills for MCCF

Donald Parks, low back, 5/06, $43,000, Shane Colton [Read more…]

Podiatry malpractice, expert’s undisclosed textbook

April 4, 2009 By lilly

PODIATRY MALPRACTICE: Surprise reference to Plaintiff’s expert’s undisclosed textbook denied Plaintiff fair trial… defense verdict reversed, remanded for new trial… Phillips reversed. [Read more…]