.5-1/hr/day domiciliary care by wife at $9.84/hr (local prevailing wage) for paraplegic… no compensation for services within Claimant’s capabilities, beyond normal household duties, home maintenance… insurer offered reasonable voc plan, cannot be found unreasonable for [Read more…]
Archives for 2009
Settlements
Plan I
Dana Doston, shoulder(s), 2/07, $50,000, Shane Colton
Christine Redifer, lower leg, 12/07, $20,097, David Sandler [Read more…]
Negligence, bar deck collapse, $683,963, 5% City
NEGLIGENCE: Testimony/instructions as to City’s negligence in bar deck collapse in $683,962.51 verdict (5% negligence by City) affirmed… Christopher affirmed (IOR I-3(d)). [Read more…]
Attorney fees/venue, fee collection suit
ATTORNEY FEES/VENUE: Although suit against lawyers (defense judgment) in Anaconda, venue of fee collection by Plaintiff’s attorney proper in Missoula Co. where attorney’s office located… $7,000 claim in Justice Court ended when JP dismissed for lack of venue, $9,960 [Read more…]
Attorney discipline, public censure, excessive fees
ATTORNEY DISCIPLINE: Censure/suspension for excessive fees… Proceeding in Public Censure.
Justice Morris delivered the censure of Joseph Engel: [Read more…]
Bar dues increase
BAR DUES increased $50… order.
State Bar Trustees petitioned to increase dues from $150 to $200 for active members and from $75 to $125 for inactive members, and to raise the fee [Read more…]
Rape, judicial notice of prior rape trial
RAPE: Judicial notice of officers’ testimony in prior rape trial acquittal properly refused as irrelevant… late-disclosed evidence that alleged victim was drinking a week earlier not exculpatory or of impeachment value… sufficient evidence for Judge to convict… Larson affirmed. [Read more…]
Aggravated assault, lesser-included, PFO notice
AGGRAVATED ASSAULT: No prejudice from instruction that attempted aggravated assault is lesser-included since jury never reached it… no error in not giving new PFO notice with amended informations… sufficient evidence of serious injury… Larson affirmed. [Read more…]
Kidnap/obstruction, venue, naked woman in van
KIDNAP/OBSTRUCTION: Change of venue based on publicity properly denied… lying about identity of naked woman in back of van sufficient for obstruction conviction… Christopher affirmed (IOR I-3(d)). [Read more…]
Double jeopardy, federal revocation, meth
DOUBLE JEOPARDY: Federal revocation for meth possession not a “punishment” that would invoke double jeopardy as to State meth prosecution… McLean affirmed. [Read more…]
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