Archives for 2009

Railroads, crossing death, exhibits authentication

February 7, 2009 By lilly

RAILROADS: Previously defective RR exhibits as to crossbucks at death crossing properly authenticated on remand from Supreme Court, state law tort claims preempted by federal funding of crossbucks… Fagg. [Read more…]

Defense verdict, UIM, neck strain v. rotator cuff

February 7, 2009 By lilly

VERDICT: Defense, $25,000 total damages from rear-end auto found in UIM claim after $100,000 liability limits and $5,000 med-pay … claim of minor neck strain by UIM insurer, claim of torn rotator cuff by insured. [Read more…]

Settlements

February 7, 2009 By lilly

Plan I

Gloria Jones, back/shoulder/neck/wrist, 4/97, disputed, $35,000, up to $68,121 previously incurred medicals related to spinal cord stimulator, future medicals reserved, stipulated judgment; Thomas Murphy for Jones, Chad [Read more…]

Construction lien, abandoned/competed wells

January 31, 2009 By lilly

CONSTRUCTION LIEN: Summary judgment precluded by fact issues as to whether driller breached contract by mislocated abandoned well even though second well completed per contract… Lympus reversed. [Read more…]

Procedure, nursing home arbitration denial appeal

January 31, 2009 By lilly

PROCEDURE: Appeal of judgment denying motion to compel arbitration of nursing home negligence claims untimely… order.

Doris Rowe’s family initiated Medical-Legal Panel proceedings following her [Read more…]

Venue, malicious prosecution, dismissed federal suit

January 31, 2009 By lilly

VENUE of malicious prosecution suit properly in Missoula where underlying dismissed federal suit was filed, not Flathead where parties reside… Larson affirmed. [Read more…]

Oil/gas, right of entry, wrong notice address

January 31, 2009 By lilly

OIL & GAS: Common law right of entry not abrogated by statutory notice requirement (notice sent to wrong address), forfeiture of lease not available absent breach of lease… no error to allow testimony after case-in-chief to verify information in complaint to which Defendant had [Read more…]

Marital, NC custody, retirement account taxes

January 31, 2009 By lilly

MARITAL: Wife properly allowed custody in NC during school year rather than Bozeman as sought by husband… wife’s retirement properly valued at time of separation… tax implications of early withdrawal from wife’s retirement account for equitable distribution overlooked, remanded… post-decree interest not improper but may be re-visited on remand… J. Brown affirmed, reversed. [Read more…]

Aggravated assault, photos, victim’s pornography

January 31, 2009 By lilly

AGGRAVATED ASSAULT: Photos of victim properly admitted to show serious injury… evidence of victim’s pornography to show justifiable force properly excluded… instruction on misdemeanor assault as lesser-included properly denied… Rice affirmed. [Read more…]

Aggravated assault, injury of infant v. accident

January 31, 2009 By lilly

AGGRAVATED ASSAULT: Sufficient circumstantial evidence that Defendant purposely injured infant as opposed to “accident”… dismissal properly denied… McLean affirmed. [Read more…]