Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

Settlements

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Plan I

Aaron Hilbig, low back, 3/20, Great Falls Sanitation Division, MMIA never accepted liability but paid benefits under reservation per §608, disputes as to medical causation and entitlement to further medical and indemnity, $85,000 new money for all claims, stipulated judgment; Thomas Murphy for Hilbig, Morgan Weber for MMIA [Read more…]

Vehicle/cattle negligence, 10 killed cows, $68,128.74

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VEHICLE/CATTLE NEGLIGENCE: Summary judgment properly granted for ranchers for death of 10 heifers by truck plowing into herd being moved on highway… “flag person” properly interpreted as rancher in a pickup with hazards flashing on side of road… $46,478.25 fees properly awarded under §25-10-303 & 201 and as sanction for discovery abuses and spoliation (allowing truck to be destroyed)… $68,128.74 judgment including $20,528.29 for the heifers… Bidegaray affirmed. [Read more…]

Judicial immunity, Justices/law clerks, appeal record porn

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JUDICIAL IMMUNITY: Tort claims alleging Supreme Court Justices and law clerks improperly viewed sealed pornographic emails on fired Police Chief’s computer during City’s appeal of his $300,000 wrongful discharge verdict properly dismissed based on judicial immunity… Davies affirmed (memorandum). [Read more…]

Judge substitution upon reversal of summary judgment

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JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]

Drugs, Crime Lab meth thief, chain of custody

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DRUGS: Cross of Crime Lab chemist as to involvement of predecessor who was discharged for stealing meth would have been proper under hearsay exception, but mere speculation about possible contamination under chain of custody law insufficient to require it… meth conviction affirmed… Kutzman affirmed. [Read more…]

Vehicular assault, hearsay from Trooper as to injuries

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VEHICULAR ASSAULT: Hearsay from Trooper improperly admitted as the only substantive evidence of passenger’s injuries… evidence of driver’s injury and vehicle damage insufficient circumstantial evidence of passenger’s injuries, charge against driver should have been dismissed… H. Brown reversed. [Read more…]

Legislative subpoena, preliminary injunction for Rice

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LEGISLATIVE SUBPOENA: Legislature preliminarily enjoined from subpoenaing Justice Rice for documents related to MJA SB 140 poll… request for stay for negotiations with Rice denied as Court would have to be “blind” not to see what “all others can seen and understand” that subpoena is a clash between branches over records of intense legislative political interest… McMahon. [Read more…]