Montana Law Week

The Weekly Digest of Montana Law

Archives for 2023

Officers’ shooting, “sham affidavit,” $525,000 settlement

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OFFICERS’ SHOOTING: Summary judgment for County & Deputies rejected over claim of sham affidavit testimony that Plaintiff was pointing gun at ground when he opened door to unknown persons on porch in dark who shot him and claims of qualified immunity… case settled following ruling for $525,000… DeSoto/Watters. [Read more…]

Settlements

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Plan I

Kenneth Hamilton, right shoulder, 8/21, City of Deer Lodge, disputes as to wage loss and future medical, $95,000 new money for all claims ($45,490.22 MSA), stipulated judgment; Andrew Huppert for Hamilton, Morgan Weber for MMIA [Read more…]

Construction defects, apartment building soil movement

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CONSTRUCTION DEFECTS: Tort claims against excavation contractor of apartment building that was destroyed due to soil movement including concealment of defects dismissed on summary judgment based on statutes of limitation… contract claims survive summary judgment BUT Plaintiffs are unable to seek restoration damages because they cannot prove “temporary injury” resulting in dismissal of entire case… Hayworth. [Read more…]

Settlements

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Plan II

John Vein, multiple 4/17, shoulder 4/17, abdomen 5/17, knee 3/18, elbow 11/18, abdomen 4/19, low back 7/29, low back 4/21, in or around Missoula, Hartford initiated all benefits due & owing, MMI achieved, impairment assigned, restrictions imposed, disputes as to wage loss, ability to return to work, ongoing medical, $78,350 for all claims, stipulated judgment; Thomas Murphy for Vein, Joe Maynard for Hartford Ins. of the Midwest, Hartford Accident & Indemnity, and Hartford Underwriters Ins. [Read more…]

Orders of protection, unsupported modification motion

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ORDERS OF PROTECTION: 4th motion to modify properly denied without a hearing for failure to provide legal or factual support… attorney fees/costs properly awarded for frivolous motion, appeal fees/costs awarded for “blatant misrepresentation” in brief and meritless arguments… Olson affirmed (memorandum). [Read more…]