Plan I
David Harvey, disk, 11/08, low back, 1/11, disputed continued liability for neck, MMIA contends Harvey permanently aggravated his neck [Read more…]
The Weekly Digest of Montana Law
By lilly
Plan I
David Harvey, disk, 11/08, low back, 1/11, disputed continued liability for neck, MMIA contends Harvey permanently aggravated his neck [Read more…]
By lilly
MEDICAL MALPRACTICE: Non-radiologist infection specialist qualified on whether failure of radiologist to wear mask during myelogram violated infection control standard as to radiologist [Read more…]
By lilly
MENTAL COMMITMENT: CA not obligated to provide possible friend under current statute, plain error review declined as to contention that a friend could have advocated for independent evaluation… [Read more…]
By lilly
DELIBERATE HOMICIDE: Statutory intoxication instruction did not violate due process right to defense… conviction affirmed… H. Brown affirmed. [Read more…]
By lilly
ATTEMPTED RAPE: Alleged sexual conversations, semi-nude phone photos properly excluded on relevancy, hearsay grounds over claim that they should have been admitted under “sexual [Read more…]
By lilly
RESPONDEAT SUPERIOR: Accounting firm employee’s transaction with lender was purely personal, outside scope of employment… use of company email to communicate with lender during [Read more…]
By lilly
VERDICT: Defense, negligence by guide service but no causation as to bear attack, massive facial trauma, loss of eye. [Read more…]
By lilly
Payment of impairment awards concurrently with TTD permitted under current statute, argument based on prior statutes and case law devoid of merit, UEF’s suspicion 5 years after refusing to pay impairment awards that Claimant may have returned to work [Read more…]
By lilly
Plan II
Jeremy Corey, low back, 4/09, $30,000, Tom Murphy
George Solley, neck, 2/11, $14,000, Tom Murphy [Read more…]
By lilly
NUISANCE/TRESPASS: Naturally growing tree that obstructs view not nuisance under Montana law, but allegation that roots have entered on property states claim for trespass… McLean affirmed, reversed. [Read more…]