VERDICT: Defense, State and City not liable for home crushed by large boulder falling from cliff. [Read more…]
Archives for 2015
Settlements
Plan I
Bradley Skramstad, spinal cord, 6/95, $2.5 million ($96,029 MSA seed money, $39,807/yr for MSA for 12 years if Skramstad is living, $7,530/mo for life guaranteed 15 years for attendant/domiciliary care, $3,348/yr for life, guaranteed 15 years, for uncovered medical, $352,797 for indemnity and other claims), stipulated judgment; David Slovak for Skramstad, Todd Hammer for Plum Creek Mfg. [Read more…]
Transgender server termination
SEX DISCRIMINATION: No reasonable cause to believe unlawful discrimination in termination of transgender server… FIR… Dennis Unsworth. [Read more…]
Attorney fees, Lincoln Co. prevailing rate
ATTORNEY FEES: Lincoln County’s attorney rates properly found reasonable based on prevailing local rate despite reference to Kalispell attorneys who practice in Lincoln… fees-for-fees improperly awarded… challenge to adoption of order prepared by County’s attorneys rejected… $11,2812 award reduced by $4,560 fees-for-fees… Wheelis affirmed, reversed. [Read more…]
New trial, Defense MVA photos misrepresentation
NEW TRIAL: Misrepresentation of damage photos (MVA v. later bird crash) deprived Plaintiff of fair trial… $3,655 verdict in admitted liability rear-ender reversed, remanded for new trial… Reynolds reversed. [Read more…]
Contract, UCC sales agreement, ostensible agent
CONTRACT: Binding contract under UCC existed for chemical/fertilizer orders made by and signed for by ostensible agent son of company owner… prejudgment interest properly awarded for 2 years during which case languished… owner improperly held personally liable… Cybulski affirmed, reversed. [Read more…]
Postconviction, new evidence, AHD death
POSTCONVICTION: Claims of new evidence in form of expert testimony challenging AHD diagnosis in child’s death and ineffective assistance for not presenting the evidence at trial remanded for consideration under Marble… McLean reversed. [Read more…]
Deliberate homicide, interview, no Miranda waiver
DELIBERATE HOMICIDE: Interview without Miranda waiver contained nothing incriminating, but in any event there was ample evidence of guilt of murdering ex-wife… Simonton affirmed. [Read more…]
Justice Court appeal, stipulated facts, MIP
JUSTICE COURT APPEAL: Justice Court denial of motion to suppress/dismiss MIP properly affirmed in de novo review of stipulated facts and briefs… Tucker affirmed (IOR I-3(d)). [Read more…]
DUI, independent blood test
DUI: Right to independent blood test not violated for Defendant ultimately sentenced to 30 years at MSP for 4th DUI/PFO… Todd affirmed (IOR I-3(d)). [Read more…]
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