SETTLEMENT: $1 million, arsenic contamination from Yellowstone Park coming into Gardiner-Park County’s sewage system. [Read more…]
Archives for April 2020
Settlements
Plan II
Evelyn Morrisey, low back, 1/18, Big Sky Taco Vendors, Great Falls, Victory initiated all benefits due & owing, Petitioner has achieved MMI, impairment assigned, dispute as to work limitation of 3 hours/day, the parties agree that she is PTD, $212,500 for all claims, stipulated judgment; Ben Snipes for Morrisey, Joe Maynard for Victory Ins. [Read more…]
Chiropractic malpractice, defense verdict affirmed
CHIROPRACTIC MALPRACTICE: Defense verdict affirmed over challenges to standard of care, habits & routine practice, perpetuated expert testimony responding to new theory, alternative cause evidence, impeachment by Panel application… McMahon affirmed. [Read more…]
Respondeat superior, disclosures to new employer
RESPONDEAT SUPERIOR: Fact issues preclude summary judgment as to whether City supervisor’s negative disclosures to former employee’s new employer were incidental to authorized conduct and thus within the scope of his employment such that the City was liable for supervisor’s allegedly tortious conduct… Todd reversed. [Read more…]
Mental commitment, businesswoman with insomnia
MENTAL COMMITMENT: Successful businesswoman with supportive family who was experiencing insomnia and other behavior changes and diagnosed as bipolar properly committed to MSH… Krueger affirmed. [Read more…]
Attorney discipline, disbarment, solicited false testimony
ATTORNEY DISCIPLINE: Tina Morin disbarred for soliciting false testimony from a trial witness, failing to promptly inform clients about their costs, charging clients for legal research and appellate brief writing… “vitriolic and outrageous” communications with other attorneys not a violation of RPC but aggravating factor in disbarment recommendation… conduct perpetuated in Objections by baselessly accusing COP Chairman of “reign of terror,” “enraged beyond the capacity for rational or logical thought”… order. [Read more…]
DUI, hearsay, denial as to who drove stuck truck
DUI: What officer “determined” from phone conversation with person whom Defendant suggested was the driver of stuck vehicle was inadmissible hearsay but harmless in light of significant circumstantial evidence that Defendant was the driver… conviction affirmed… H. Brown affirmed (IOR I-3(c)). [Read more…]
Officer shootings, §1983, victim holding AR-15
OFFICER SHOOTINGS: §1983 claims against City Officers who shot son holding AR-15 who was responding to cries of mother being detained for mental evaluation in warrantless entry survive summary judgment in part, rejected in part… claims against City survive in part, rejected in part… claims against County investigators and County rejected… Christensen. [Read more…]
Settlements
Plan I
Brian Zimmerman, lungs, 12/14, disputed, $20,000, lungs, 12/89, disputed, $1,500, Dean Blackaby [Read more…]