Montana Law Week

The Weekly Digest of Montana Law

Archives for 2020

Child UTV death, parental responsibility, apportionment

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WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]

Traffic stop, unsuspicious vehicle plate, felon with firearm

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TRAFFIC STOP which began with running plate of unsuspicious vehicle that disclosed expired registration and driver with learner’s permit and other occupants unlicensed and culminating in driver voluntarily “spilling her guts” that passenger had gun was both professional and constitutional… motion by passenger charged with felon in possession to suppress based on unlawfully prolonged stop denied… Molloy. [Read more…]

Settlements

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Plan I

Tonya Lawson, wrist, 10/99, low back, 1/02, low back, 2/02, ankle, 8/17, elbow 2/19, knee, 11/19, Harlowton, MHN initiated all benefits due & owing, Petitioner determined to be at MMI and released with no restrictions by Dr. Erpelding and NP Jamie Goldberg, Petitioner obtained differing opinion, disputes as to MMI status, restrictions, ability to work, need for additional treatment, $25,000 for all claims, stipulated judgment; Leslae Dalpiaz for Lawson, Joe Maynard for MHN [Read more…]

Contract prepayment tax liability

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CONTRACT PREPAYMENT: Purchaser properly held not to have fully performed under note or indenture by sellers’ acceptance of full prepayment amount while additional tax liability remained in dispute, but ambiguous prepayment clause improperly construed in favor of sellers resulting in damage award 8 times the stipulated federal tax liability… Wilson affirmed, reversed. [Read more…]