Montana Law Week

The Weekly Digest of Montana Law

Archives for February 2019

Excessive force death, backseat passenger, unlit plate

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EXCESSIVE FORCE DEATH: Shooting of suspected robbery or drug shooter in stop of vehicle for alleged unlit plate light in which suspect was backseat passenger survives summary judgment as to whether deadly force was constitutional and — until facts can be established — whether officer violated clearly established law… summary judgment for City and PD granted on §1983 claims… summary judgment granted and denied on state law claims… Molloy. [Read more…]

Settlements

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Plan I

Douglas Hartsell, low back, 12/94, City of Missoula, MMIA accepted liability, paid medical/indemnity, Hartsell also filed 9 claims for indemnity and/or medical, disputes as to entitlement to indemnity and future medical, $20,000 new money for all claims, stipulated judgment; Jason Williams for Hartsell, Oliver Goe for MMIA [Read more…]

Insurance, $12 million confessed judgment, collusion

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INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]

Insurance, settled MVA verdict, 2nd bite at apple

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INSURANCE: MVA Plaintiff who won $10,000 verdict and then settled with tortfeasor’s insurer for $50,000 liability limit with stipulation to vacate and dismiss with prejudice not entitled to 2nd bite at apple on damages, but may pursue UTPA claims to the extent they do not require relitigation of underlying damages, UIM only triggered if damages exceed $50,000… Menahan. [Read more…]

Work comp privacy, alleged ex parte communications

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WORK COMP PRIVACY: No constitutional tort in communications by County employee comp adjuster and contract nurse with treating physician and pharmacist on which injured Deputy bases claim of privacy breach… feeling disappointed and upset at not having opportunity to participate in discussions not compensable detriment or injury… summary judgment for Defendants… settled for $40,000 in appellate mediation… Halligan. [Read more…]