Montana Law Week

The Weekly Digest of Montana Law

Archives for 2022

Settlements

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Plan I

Stephanie Call, left knee CRPS, 11/15, laundry worker, Benefis Hospital, Benefis accepted claim, initiated appropriate benefits, dispute as to extent of disability caused by work injury, Petitioner contends she is PTD, Benefis contends she is only PPD, also disputes whether Petitioner’s desired treatment plan is medically reasonable & necessary and would qualify for primary v. secondary medical benefits, whether need for psychological counseling & mental care is claim related, whether medical benefits are subject to statutory closure, Petitioner is no longer employed at Benefis, $287,500 for all claims ($125,000 unrestricted cash to settle indemnity, $103,055 to Ametros/CareGuard for MSA annuity paying $135,974 over life expectancy, $58,873 unrestricted cash for additional medical, $572 unrestricted cash for medical/OTC medication), stipulated judgment; Thomas Murphy for Call, Andrew Adamek for Benefis Health System [Read more…]

Rape, mid-trial amended information to correct charge

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RAPE: State properly allowed to file a 3rd Amended Information mid-trial after Judge discovered error in charging SIWC under 2017 aggravated SIWC statute that was not effective at time of charged offense… instruction on consent not reversible under plain error review… convictions affirmed… McMahon affirmed. [Read more…]

Jail inmate alcohol withdrawal death, counties’ liability

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JAIL INMATE ALCOHOL WITHDRAWAL DEATH: Entirety of longstanding case involving death from alcohol withdrawal syndrome dismissed as to Blaine Co. and most of case as to Hill Co. regarding vicarious liability for hospital’s conduct in turning him away as “playing” jailers because he did not want to be in jail… Cuffe. [Read more…]

Unconstitutional firearm enhancement, carjacker

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FIREARM ENHANCEMENT: Carjacker has no “cause or prejudice” to overturn plea agreement as result of attorney’s failure to anticipate by 2-1/2 years Supreme Court finding residual clause of 18 USC 924(c)(3)(B) (enhanced penalties for firearm during crime of violence) unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]