Montana Law Week

The Weekly Digest of Montana Law

Archives for 2024

Negligent homicide, strangulation expert

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NEGLIGENT HOMICIDE: Strangulation expert improperly precluded from testifying to bolster claim of self-defense in running over victim in bar parking lot confrontation… Prosecutor’s sentencing recommendation had appearance of vindictiveness for having to try the case a 2nd time… Defendant improperly not given opportunity to make statement at sentencing… conviction reversed, remanded for 3rd trial… Lint reversed. [Read more…]

Insurance, Injury to Worker Exclusion, renewed policy

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INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]

Settlements

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Plan I

Brenda Michelotti, 13 claims 5/10 to 5/23, some denied, some accepted, Great Falls Public Schools, dispute as to whether Petitioner will require lumbar/cervical surgeries and pain management along with associated indemnity, $67,500 for all claims, stipulated judgment; Megan Miller for Michelotti, Morgan Weber for MSGIA [Read more…]