Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

Negligent homicide, failure to secure trooper appearance

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NEGLIGENT HOMICIDE: Counsel was ineffective in not securing appearance of relocated trooper or preservation of his report that would support Defendant’s claim that he drove in reverse over decedent to escape his choking and did not again drive over him in forward… conviction vacated, remanded for new trial… payouts to injured victims by Defendant’s insurer should be deducted from their restitution payments… Haynes reversed. [Read more…]

CRPS caused by job accident, competing physician opinions

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Petitioner has CRPS caused by job accident… current treating physician’s diagnosis under Guidelines given more weight because it was supported by the other medical evidence while opinions of physicians who examined him under §605 and treating physician who agreed with them were not… Sandler. [Read more…]

Unaccepted liability for CTS, mistake of hands on wheel

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Insurer properly unaccepted liability for CTS from 2008 rear-end MVA because initial acceptance was based on mutual mistake that Petitioner had both hands on wheel when in fact she was holding phone with one hand… Petitioner did not establish that she suffered from postconcussive syndrome 2015-present, is not TTD or PTD… Sandler. [Read more…]

Settlements

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Plan II

Kellie Schoenbeck, back, 6/17, Petitioner underwent thoracic outlet release, achieved MMI, assigned 3% impairment, disputes as to wage loss, reasonable medical care, $60,000 for all claims, stipulated judgment; Thomas Mackay for Schoenbeck, Joe Maynard for Victory Ins. [Read more…]