RESTITUTION: Victim report containing list of medicals insufficient to serve as victim affidavit… remanded for reconsideration of restitution after affidavit requirements have been met… Krueger reversed. [Read more…]
Negligence/insurance, rescue doctrine, advance pay
NEGLIGENCE/INSURANCE: Fact issue as to whether conveyor operator breached duty of reasonable care when he brushed snow off and caught hand, no need to address causation and rescue doctrine as to ice fall by Plaintiff rescuer… since liability not reasonably clear, Plaintiff not [Read more…]
Nursery contract, sub-standard trees
NURSERY CONTRACT: Summary judgment precluded by fact issues on claims by both parties as to allegedly sub-standard trees, whether buyer accepted boiler-plate “Terms & Conditions of Sale” on back of order acknowledgment forms, and fraud/punitives claims… declaratory ruling [Read more…]
Claim timeliness, “implied tolling”
No “implied tolling” while claimant obtains medical evidence, claim denied as untimely… Shea. [Read more…]
Settlements
Plan I
Joanne Tripp, multiple, 9/07, total, $61,000, Steve Carey
Plan II
Albert Erculiani, low back, 4/80, total, $150,000, John Seidlitz [Read more…]
“Casual employment,” cabin construction
Petitioner working on 2nd-home cabin for uninsured employer for 10 months engaged in “casual employment,” UEF not liable… Shea. [Read more…]
Medical malpractice, child’s lack of development
MEDICAL MALPRACTICE: Liability as sanction properly denied as to alleged violation of pretrial rulings… proposed instruction barring mother’s conduct in relation to pediatrician’s failure to timely address lack of daughter’s development properly denied… new trial properly denied following defense verdict… Baugh affirmed. [Read more…]
Work comp, fees, death benefits settlement
WORK COMP: Mother’s former attorney not entitled to fee on children’s death benefits after seeking benefits for mother as sole beneficiary and mother stipulated benefits to children… Shea affirmed (IOR I-3(d)(v)). [Read more…]
Arbitration, tobacco settlement dispute
ARBITRATION not required for Montana claims in tobacco settlement dispute… Honzel reversed. [Read more…]
Highway contract, liquidated damages
HIGHWAY CONTRACT: $68,122 liquidated damages for 176 workdays over schedule ($387/day) by striping contractor not unconscionable… Sherlock affirmed. [Read more…]
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