The Weekly Digest of Montana Law
By Frank
MEDICAL MALPRACTICE: Treating physician as non-retained expert improperly precluded from testimony as to standard of care of infant with low glucose, Defendant cannot claim surprise or prejudice from alleged insufficient notice as to opinions, while Plaintiff was unfairly prejudiced by mid-trial exclusion of [Read more…]
By Frank
JUDICIAL DISQUALIFICATION: Denial of city judge disqualification for cause properly dismissed by Tucker as interim order… Tucker’s orders as partial adjudication also not appealable… opinion & order. [Read more…]
By Frank
MARITAL: Pre-acquired property clarification, §40-4-202 obligates court to equitably apportion all assets and property of either spouse regardless of by whom and when acquired, notion that non-acquiring spouse entitled only to share of appreciated or preserved value attributable to non-acquiring spouse’s efforts [Read more…]
By Frank
MARITAL: Husband’s pre-acquired houses properly distributed to both parties in light of wife’s contributions to marriage, no maintenance award, and unique facts including adding wife’s name to deed in exchange for foregoing California career… [Read more…]
By Frank
MRCivP FORMS revised to conform with new rules… order. [Read more…]
By Frank
SAFE WORKPLACE: Project manager responsible for overseeing maintenance of walkways at generating station project, owed duty to employee of other subcontractor who slipped & fell on icy walk… Dayton. [Read more…]
By Frank
VERDICT: Defense, poker chair collapse, shoulder.
A Billings jury found 12-0 that BPO Elks Lodge was not negligent in connection with injuries sustained by Elizabeth Wentz when her [Read more…]
By Frank
DISABILITY/AGE DISCRIMINATION: HO failed to properly recognize nature of direct evidence and apply appropriate analysis to undisputed facts surrounding termination of RR conductor trainee for purported safety reasons… remanded for further analysis of Plaintiff’s direct [Read more…]
By Frank
Plan I
Myong Davis, wrist, 11/07, total, $60,000, Jim Edmiston
Lynn Turk, multiple, 7/94, $37,500, David Lauridsen
Dawain Burgess, eye(s), 98, $29,000, Kevin Duff [Read more…]
By Frank
ATTORNEY DISQUALIFICATION: Tax attorney advising Plaintiffs’ counsel in suit against bank failed to withdraw or [Read more…]