The Weekly Digest of Montana Law
By lilly
Plan I
Esther Benson, knee, 10/21, Wolf Point, MHN initiated all benefits due & owing, Petitioner achieved MMI and resigned, disputes as to medical causation, pre-existing condition, wage loss, $25,000 for all claims, stipulated judgment; Leanora Overturf for Benson, Joe Maynard for MHN [Read more…]
By lilly
SETTLEMENT AGREEMENT for disbursement of ranch trust properly enforced over claim of incapacity by COVID, undue influence by threat of litigation, individual ownership of sections under long-expired contract for deed… Wald affirmed. [Read more…]
By lilly
WATER: Failure to timely file claim for exempt groundwater precluded Water Court jurisdiction… Ostrem/McElyea affirmed. [Read more…]
By lilly
SENTENCING: Claim of improper consideration of information related to dismissed charges in sentencing for admitted rape, aggravated burglary, PFMA rejected… “sexually violent predator” properly found… Todd affirmed (memorandum). [Read more…]
By lilly
JURY SEPARATION of 14 days not prejudicial as to warrant mistrial… Watters affirmed (memorandum). [Read more…]
By lilly
Plan II
Tanya Wood, shoulder(s), 10/21, $7,502, med closed, Stacy Tempel-St. John [Read more…]
By lilly
DELIBERATE HOMICIDE/TAMPERING: Officer’s reading of text messages between participants in double homicide properly admitted over hearsay objections… Judge’s choice of Montana pattern instruction on reasonable doubt properly given over Defendant’s preference for 9th Circuit instruction… convictions affirmed… Menahan affirmed. [Read more…]
By lilly
MISTRIAL: Claim that attorney was ineffective in not opposing mistrial for Defendant’s failure to appear rejected… assault with weapon conviction affirmed… Ruiz affirmed (memorandum). [Read more…]
By lilly
VERDICT: $.02 nominal damages for deprivation of due process by jailers failing to provide written statement of evidence or reasons for disciplinary action as found on summary judgment, $0 for 5 other due process claims. [Read more…]
By lilly
Plan I
John Price, low back, 5/20, Bridger volunteer EMT, MMIA accepted liability, paid medical & indemnity, disputes as to additional medical & wage loss including PTD and liability for diverticulitis and all resulting disability, $200,000 for all claims, stipulated judgment; Greg Overturf for Price, Morgan Weber for MMIA [Read more…]