PROCEDURE: Abatement of judgment ab initio upon defendant’s death rejected… an appeal could involve issues which are not mooted by death, but not the conviction and ineffective assistance claims in this case, appeal dismissed as moot… opinion & order. [Read more…]
Defense verdict, head-on MVA, death
VERDICT: Defense, head-on MVA, death.
A Red Lodge jury found 9-3 that John Bradford was not negligent in operating his vehicle 6/12/10. [Read more…]
“Favor” labor, TTD termination, penalty/fees
Petitioner who received no wages in any form for occasional “favor” labor for ex-husband’s lawn business has not returned to work, insurer not in compliance with Coles notice prior to termination of TTD, obligated [Read more…]
Settlements
Plan I
George Fuller, lungs, 11/11, disputed, $79,900, Michael Bliven
Jay Baumberger, low back, 2/10, $47,500, Stacy Tempel-St. John [Read more…]
Negligence, windblown tree on car, death, expert
NEGLIGENCE: Suit against MDT properly dismissed for lack of expert as to standard of care as to road closure decisions where driver died from tree blown onto car by high wind… McNeil affirmed. [Read more…]
City water, loss of service from frozen main
CITY WATER: Summary judgment improper for City on contract/tort claims arising from loss of service due to frozen main… “illegal object” element improperly applied to implied contract where lot owner’s water derived from tap on subdivider’s service… ordinance’s bar of liability for [Read more…]
Marital, property, large complicated estate
MARITAL: Properties properly valued despite no final disclosure by husband prior to trial… wife bound by her filings which essentially allocated to husband certain premarital properties… $71,900 difference between husband’s ballpark figure for art and wife’s $28,100 appraised value properly attributed to husband… distribution of husband’s [Read more…]
Right to be present, pro se, ineffective assistance
RIGHT TO BE PRESENT/PRO SE/INEFFECTIVE ASSISTANCE: 8th Judicial Dist. omnibus hearing not critical stage requiring Defendant’s presence… Defendant properly allowed to proceed pro se without separate hearing into complaints about lawyer… insufficient record of lawyer’s trial [Read more…]
Procedure, appeal of dismissal for lack of evidence
PROCEDURE: City has no appeal from District Court dismissal for lack of evidence in trial de novo… appeal dismissed with prejudice… opinion & order. [Read more…]
$94,743 verdict, dog bite, nose scarring
VERDICT: $94,742.51, dog bite, nose scarring.
A Butte jury found 12-0 that Duchess bit Savannah Jelich and that Jelich did not provoke Duchess, and 9-3 that Jelich will be reasonably compensated by [Read more…]
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