CRIMINAL MISCHIEF: Conviction relating to obstreperous behavior at the jail resulting in flooding from fire sprinkler affirmed over challenges to exclusion of medical expert as to heart condition proffered in support of compulsion defense, prosecutorial misconduct, outrageous conduct in attempting to remove rings used to trigger sprinkler… Hayworth affirmed (memorandum). [Read more…]
Archives for January 2025
Negligent supervision, child injured in scooter crash
NEGLIGENT SUPERVISION: Claim against grandmother of 10-year-old injured in a crash on uncle’s scooter dismissed on summary judgment for lack of foreseeability… Menahan. [Read more…]
Settlements
Plan I
Crystal Crocker, low back, 6/23, $18,000, Leslae Dalpiaz [Read more…]
Rape of group home resident, State/home duty of care
RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
Easement, commercial “glamping”
EASEMENT across neighboring property for commercial “glamping” exceeded permissible use & scope… Foy fees improperly awarded for prevailing on counterclaims… Eddy affirmed, reversed. [Read more…]
Easement, lakeshore access summer v. year-round
EASEMENT: Lakeshore easement not limited to summer, does not preclude regular residential use… Coffman affirmed. [Read more…]
Gubernatorial privilege, Agency Bill Monitoring forms
GUBERNATORIAL PRIVILEGE: Judge erred in finding that Montana law does not recognize any form of gubernatorial privilege but correctly determined that Governor’s assertions of privilege as to Agency Bill Monitoring forms were subject to in camera review… Seeley reversed, affirmed. [Read more…]
Attorney discipline, representation of criminal defendant
ATTORNEY DISCIPLINE: Amanda Gordon’s conditional admission to Rule violations in representation of criminal defendant accepted… agreement to public censure by Supreme Court reduced to public censure by COP… COP Order. [Read more…]
Verdict, $381,360 judgment, inmate who died of DTs
VERDICT: $681,000 gross to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital… $102,150 judgment against Blaine Co., $279,210 against Hill Co. [Read more…]
Firearms & domestic violence
FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]