EASEMENT: Use of road permissive, no prescriptive easement… $15,000 trespass damages to Plaintiff, $15,000 civil assault damages to Defendant… McMahon affirmed (memorandum). [Read more…]
Archives for September 2023
Buy-sell breach, earnest money forfeited
BUY-SELL: Buyer breached buy-sell, forfeited earnest money, not entitled to specific performance by equitable estoppel… Olson affirmed (memorandum). [Read more…]
Parental interest, surrogate child, premarital agreement
PARENTAL INTEREST: California Gestational Carrier Agreement between Billings surrogate and gay Chinese national did not preclude surrogate from later establishing a parental interest in the child under Montana law, PMA properly found valid and not unconscionable, but nonparent parental interest improperly adjudicated in favor of surrogate without finding conduct by the father ceding his rights to the surrogate… Harris affirmed, reversed. [Read more…]
BI 2 property tax revision, separate-vote requirement
INITIATIVE: BI 2 to revised property taxation properly rejected for violation of separate-vote requirement… Opinion & Order. [Read more…]
Partner strangulation, expert definitions, dozing juror
PARTNER STRANGULATION: Conviction affirmed over objections to expert definitions of strangulation and phone-checking/dozing juror… Brown affirmed. [Read more…]
DUI, panelist’s neutrality doubts due to alcoholic family
DUI: No error in refusing to strike panelist who doubted ability to remain neutral due to growing up in alcoholic family… Oldenburg affirmed (memorandum). [Read more…]
Premises liability, MVA, Goodwill donations drop-off
PREMISES LIABILITY: Expansion of liability to non-invitee third parties on public road rejected, summary judgment for Goodwill as to motorcycle collision with auto exiting private drive after dropping off donations… Ohman. [Read more…]
Settlements
Plan II
Kylee Thomas, back, 1/23, Great Falls, Stonington denied claim, disputes as to pre-existing low back condition and medical causation, $75,000 new money for all claims, stipulated judgment; Matthew Murphy for Thomas, Joe Maynard for Stonington Ins. [Read more…]
Med-mal, blindness, proportionate duty, loss of chance
MEDICAL MALPRACTICE: Proportionate duty and loss of chance instructions improperly refused in blindness case, defense verdict reversed… jury improperly polled… Wilson reversed. [Read more…]
Elections, County Attorney residency
ELECTIONS: Attorney correctly found not qualified for Roosevelt County Attorney based on residency… Bidegaray affirmed. [Read more…]
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