PUBLIC DUTY: Question certified as to whether Montana public duty doctrine shields an officer from negligence liability where he is the sole cause of the plaintiff’s harm, in appeal from ruling by Haddon that it does shield him… order. [Read more…]
Archives for May 2017
Settlements
Plan I
Gena Wrenfrow, upper extremities, 7/16, $34,175, Michele Levine
Ed Mack, sacrum & coccyx, 10/15, $20,000, medical reserved, Paul Odegaard [Read more…]
Condemnation, interim taxes
CONDEMNATION: Water company being taken by City continues responsible for property taxes until final order entered, then may pursue remedies for taxes paid since summons… Seeley reversed. [Read more…]
Parenting, back & forth custody
PARENTING: Insufficient findings that shifting between Columbia Falls and Missoula 6 times in the year, 2 schools, is in child’s best interests… Larson reversed. [Read more…]
Sexual assault, specific unanimity
SEXUAL ASSAULT: Prosecutor’s argument that to acquit jury would have to conclude that child accusers lied did not affect outcome, new trial properly denied… no error in no specific unanimity instruction when trial focused on only one of two incidents… counseling records improperly withheld but would not have changed outcome… conviction affirmed… Todd affirmed. [Read more…]
Speedy trial, misdemeanor 6 months calculation
SPEEDY TRIAL: DUI trial set 1 day later under correct calculation of 6-month period for misdemeanors, remanded for dismissal… Wood/Cooney reversed. [Read more…]
Plea agreement, withdrawal v. enforcement
PLEA AGREEMENT/IAC: Standoff Defendant who elected to withdraw plea not entitled to specific performance of agreement… reason for not pursuing speedy trial motion not apparent on record, IAC claim more amenable for postconviction… Neill affirmed. [Read more…]
Quiet title, ouster of cotenants, oil & gas
QUIET TITLE: Cotenants “ousted” from oil & gas property via fee titles and adverse possession… Cybulski. [Read more…]
Discrimination, disadvantaged enterprises program
DISCRIMINATION: Fact issues preclude summary judgment on damage claims by subcontractor against Montana’s disadvantaged business enterprises program even though it does not currently employ gender/race goals… Christensen reversed, affirmed (unpublished). [Read more…]
Skier responsibility, collision with rocks
SKIER RESPONSIBILITY: Resort properly granted summary judgment against claims of skier who hit rocks… Christensen affirmed (unpublished). [Read more…]