MEDICAL MALPRACTICE: JML on informed consent properly granted for lack of expert testimony on standard for advising of possible long-term hoarseness and swallowing difficulty from ACDF surgery… Harada affirmed (memorandum). [Read more…]
Archives for March 2023
Appeal procedure, appeal 75 days from probate order,
APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]
Strangulation, shoving meth into mouth, transaction
STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]
Defense verdict, moderate impact MVA, no causation
VERDICT: Defense, admitted responsibility for passenger-side MVA but no causation found, cervical rotational bending injury resulting in cervical cord contusion involving all 4 extremities as well as post-trauma vision syndrome. [Read more…]
Student travel COVID disruption claims
STUDENT TRAVEL breach of contract claims related to COVID disruptions rejected on summary judgment… class certification denied… Cavan/Watters. [Read more…]
Settlements
Plan I
Brenda Croft, 4/21, Great Falls Public Schools, MSGIA accepted liability for left 5th metatarsal fracture and paid all associated benefits, denied liability for left tarsometatarsal sprain and all conditions affecting the left 4th & 5th metatarsocuboid joint, diabetic polyneuropathy, left foot pain, left foot deformity, left foot arthritis, left ankle arthritis, disputes as to future medical & indemnity related to denied conditions, $23,000 for all claims, stipulated judgment; Thomas Murphy for Croft, Morgan Weber for MSGIA [Read more…]
Medical malpractice, newborn brain injuries
MEDICAL MALPRACTICE: Summary judgment improperly granted to OB/GYN for failure to present sufficient expert testimony relating to newborn brain injuries… Best reversed. [Read more…]
Prescriptive easement, assertion by occupant
PRESCRIPTIVE EASEMENT: Lessee of State school lands had standing to claim an easement over subdivision roads for farming equipment even though the State was not claiming an easement… preliminary injunction against lessee reversed, remanded for consideration of his easement claim against subdivision owners… Vannatta reversed. [Read more…]
Lease, informal agreement, life interest
LEASE: Informal agreement properly construed as not granting one Plaintiff a life estate in rural parcel and another the right to reside on it… Murnion affirmed (memorandum). [Read more…]
Aggravated assault, ineffective assistance, dying counsel
AGGRAVATED ASSAULT: Petition for new trial based on alleged ineffective assistance by dying attorney properly denied for lack of newly discovered medical evidence countering State’s evidence that Defendant caused infant’s brain injury that would justify “miscarriage of justice” exception to postconviction time-bar… Menahan affirmed. [Read more…]