LEGAL MALPRACTICE: Causation analysis clarified, attorney’s negligence is cause of injury if chain of events uninterrupted from act to injury, causation satisfied by proof that negligence was cause-in-fact, injury would not have occurred “but for” conduct, only when attorney alleges chain severed by [Read more…]
Archives for 2012
Negligence, $27,000 MVA verdict
NEGLIGENCE: Substantial evidence supported jury’s conclusion by $27,000 verdict that Plaintiff not entitled to full amount of alleged MVA-related injures requested as result of admitted liability MVA… Phillips affirmed. [Read more…]
City liability, public duty, park slide
CITY LIABILITY: Public duty doctrine not applicable to fall from City park slide, summary judgment for City improperly granted based on PDD… City had duty of reasonable care in maintaining park… recreational use statute applies to park, claim of [Read more…]
Outrageous government conduct, lying drug agent
OUTRAGEOUS GOVERNMENT CONDUCT: Agent’s lying to obtain fake driver’s license, medical marijuana card, using false identity to buy excessive medical marijuana not outrageous [Read more…]
Equine liability, horse kick, guest/employee
EQUINE LIABILITY: Horse kick claim precluded by equine liability statute, attempt to amend to allege comp liability denied as untimely, in conflict with complaint assertion that Plaintiff was guest… Newman. [Read more…]
Accountant malpractice, statute of limitations
ACCOUNTANT MALPRACTICE tax liability claim time-barred… Cybulski. [Read more…]
Settlements
Plan I
Tedd Slater, shoulder(s), 10/09, disputed, $250,000, stipulated judgment; Garry Seaman for Slater, Joe Maynard for Montana Electric [Read more…]
Negligence, CO poisoning, defense verdict
NEGLIGENCE: Equal protection challenge to §39-71-413(2) comp exclusivity vicarious liability shield as to corporations and related instructions mooted by defense verdict as to owner/managers in CO poisoning case… evidence of cause of [Read more…]
Negligence, guard injury, statute of limitations
NEGLIGENCE: Fact issues as to when guard learned injury likely caused by altercation with trespasser precludes summary judgment for Defendant on statute of limitations… Seeley reversed. [Read more…]
Probate, joint debt, nonexoneration
PROBATE: Husband’s estate not required to pay half the outstanding security interest in motor home that became wife’s sole property upon husband’s death under nonexoneration policy… 1st impression… Hegel reversed. [Read more…]
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