The Weekly Digest of Montana Law
By lilly
Plan I
Shane Giovetti, lung inhalation injury, 12/19, near Nye, Stillwater initiated all benefits due & owing, disputes as to medical causation, Petitioner has achieved MMI, restrictions imposed, impairment assigned, $150,000 for all claims, stipulated judgment; Greg Overturf for Giovetti, Joe Maynard for Stillwater Mining [Read more…]
By lilly
WAGES: Water utility employees properly found not to have exhausted CBA grievance procedures as to claim that they were wrongly required to take 30-minute unpaid lunch break, properly found not “on call” during breaks… Vanisko/Whelan affirmed (memorandum). [Read more…]
By lilly
MISTRIAL improvidently granted sua sponte on 3rd day of incest/bail jumping trial by Judge distraught over reporter’s heart attack or stroke and inability to get replacement… double jeopardy violated by retrial on amended charge of SIWC due to uncle/niece sex not “incest”… convictions reversed with prejudice… Pinski reversed. [Read more…]
By lilly
THEFT: Mistrial based on references to stolen vehicle Defendant’s “jail” status properly denied… instruction for unauthorized use of a vehicle as lesser-included of theft by possession of stolen property properly denied… evidence that Defendant traded drugs for stolen plate properly admitted as transaction evidence, but why counsel stipulated to admission more amenable to postconviction… Parker affirmed. [Read more…]
By lilly
DUI: Specific unanimity instruction as to having driven truck stopped in road and actual physical control properly declined… instruction that a witness is presumed to speak the truth properly declined… Prosecutor did not commit plain error in commenting on witness credibility in case of dispute over whether Defendant or passenger had been driving… 4th DUI conviction affirmed… H. Brown affirmed. [Read more…]
By lilly
PLEA AGREEMENT: Regardless of whether either party breached non-binding agreement for suspended sentence for felony PFMA, no error in independently imposing incarceration rather than strict performance of agreement… Pinski affirmed (memorandum). [Read more…]
By lilly
SEXUAL ASSAULT claims by restaurant employees sound in tort under gravamen analysis, properly filed directly in District Court along with negligence, negligent hiring/retention/entrustment, and constructive discharge, despite HRB dismissals of sex discrimination claims as untimely under HRA… Moses. [Read more…]
By lilly
PUBLIC ROAD EASEMENT claim by County to make room for sidewalk running through house and garage based on easement by reference via unlabeled dashed line on COSs rejected in bench trial… $42,672 attorney fees and $1,111.29 costs awarded… Harris. [Read more…]
By lilly
INSURANCE: Injured driver of mail delivery truck was employee of insured entity under control test in complicated business relationships, coverage barred by employee exclusion… Morris. [Read more…]
By lilly
Because Court need not make a finding of amount of comp to be paid in future to find whether Claimant has presently been made whole, insurer’s reserve information is irrelevant, not discoverable by Claimant resisting subrogation on $7,875,000 tort settlement… Sandler. [Read more…]