VEHICLE REPAIR: Claim of “bait & switch” for installing other than BMW brake pads properly rejected… Sullivan affirmed (memorandum). [Read more…]
Incest, hearsay in SANE report, jury deliberations view
INCEST: Conviction affirmed despite erroneous but harmless admission of daughter’s hearsay statements in SANE Report and allowing jury to view the report during deliberations… Kutzman. [Read more…]
Restitution, burglar’s 8th challenge
RESTITUTION: Burglar’s 8th challenge to 2010 $92,564.58 restitution award (reduced to zero due to lack of evidence at recent hearing) rejected… Kutzman affirmed (memorandum). [Read more…]
DUI, dash-cam video replayed during deliberations
YOUTH COURT exceeded authority in imposing new disposition at conclusion of transfer hearing… Seeley reversed. [Read more…]
Youth Court, new disposition after transfer hearing
DUI: Conviction remanded for a new trial because entire dash-cam video was replayed during jury deliberations… Lint reversed (memorandum). [Read more…]
Defense verdict, med-mal death, life-flight 8-year-old
VERDICT: Defense, med-mal death, life-flighting 8-year old injured in ATV accident to Kalispell rather than Great Falls. [Read more…]
SSD, treatment notes and Claimant’s inconsistencies
SSD: Application properly denied due to therapist’s inconsistencies with her own treatment notes, Claimant’s inconsistencies, back pain and mental impairments effectively addressed with medication and therapy… Cavan affirmed (memorandum). [Read more…]
Aggravated sexual abuse, prior abuse of another
AGGRAVATED SEXUAL ABUSE: Conviction affirmed over challenge to admission of alleged prior sexual abuse of Jane Doe 1… Watters affirmed (memorandum). [Read more…]
Fence dispute, $106,209 attorney fees to Defendants
EASEMENT: Fence dispute properly resolved largely in favor of Defendants… $106,209 attorney fees & costs to Defendants was reasonable, also entitled to appeal fees for obtaining net benefit on principal issues… Salvagni affirmed, reversed. [Read more…]
Jail death, $381,360 judgment, settled party hospital
JAIL DEATH: $681,000 gross verdict 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, affirmed over challenge to retired ER doctor as med-mal expert and inclusion of NMH on special verdict form… $102,150 judgment against Blaine Co., $279,210 against Hill Co., affirmed… Olson affirmed. [Read more…]