MEDICAL MALPRACTICE: Thighplasty defense verdict affirmed over challenge to summary judgment as to excess skin removal sequencing (buttocks before thighs)… review of improper expert impeachment claim for providing stock images on plastic surgeon’s website declined for failure to provide entire record… Grubich affirmed (memorandum). [Read more…]
Archives for February 2024
Negligence, pedestrian in crosswalk defense reversed
NEGLIGENCE: Evidence properly admitted that pedestrian struck in crosswalk had been drinking, but last-minute refusal to take judicial notice of medical record of .053 BAC at hospital requires reversal of defense verdict, remand for new trial… Ohman affirmed, reversed. [Read more…]
Mental commitment, waiver of rights, involuntary meds
MENTAL COMMITMENT: Signed stipulation properly construed as valid waiver of rights but prior authorization to involuntary medicate improperly provided… Recht affirmed, reversed. [Read more…]
Order of protection, improperly issued on hearsay
ORDER OF PROTECTION: POP improperly issued based on hearsay… Kolar/Fehr reversed. [Read more…]
Marital, property of domestic partners
MARITAL: Property of domestic partners properly distributed… Marks affirmed (memorandum). [Read more…]
Assault with weapon/burglary, predicate/principal
ASSAULT WITH WEAPON/BURGLARY: Because predicate of assault with weapon merged into principal of burglary, assault with weapon must be vacated, remanded for resentencing for burglary… Spaulding reversed. [Read more…]
Justice Court speedy trial, Defendant in federal custody
JUSTICE COURT SPEEDY TRIAL: State failed to show good cause for trial delay of Defendant who was in federal custody, dismissal for failing to meet 6-month deadline improperly denied… Fagenstrom/Kutzman reversed. [Read more…]
Sentencing, probation no contact with husband
SENTENCING: Probation condition properly imposed precluding drugs Defendant from associating with other probationers or parolees including her husband… Larson affirmed (memorandum). [Read more…]
Jurisdictional amount, common fund anti-stacking
JURISDICTION: Insurer failed to establish $75,000 for federal jurisdiction over State Court common fund challenge to cross-policy anti-stacking endorsement… DeSoto’s rejection of anti-stacking challenge reversed, remanded to State Court (memorandum). [Read more…]
Settlements
Plan I
Michael Kuntz, deceased, widow Donelle alleges that his rectal cancer condition and associated death occurred as a result of employment with Great Falls, MMIA denied liability for Michael’s OD claim and Donelle’s death benefits claim, has never paid medical or indemnity for either, $675,000 for all claims ($225,000 for Michael’s OD claim, $450,000 for Donelle’s death benefits claim), stipulated judgment; Ben Snipes for Petitioner, Morgan Weber for MMIA [Read more…]
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