RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
Easement, commercial “glamping”
EASEMENT across neighboring property for commercial “glamping” exceeded permissible use & scope… Foy fees improperly awarded for prevailing on counterclaims… Eddy affirmed, reversed. [Read more…]
Easement, lakeshore access summer v. year-round
EASEMENT: Lakeshore easement not limited to summer, does not preclude regular residential use… Coffman affirmed. [Read more…]
Gubernatorial privilege, Agency Bill Monitoring forms
GUBERNATORIAL PRIVILEGE: Judge erred in finding that Montana law does not recognize any form of gubernatorial privilege but correctly determined that Governor’s assertions of privilege as to Agency Bill Monitoring forms were subject to in camera review… Seeley reversed, affirmed. [Read more…]
Attorney discipline, representation of criminal defendant
ATTORNEY DISCIPLINE: Amanda Gordon’s conditional admission to Rule violations in representation of criminal defendant accepted… agreement to public censure by Supreme Court reduced to public censure by COP… COP Order. [Read more…]
Verdict, $381,360 judgment, inmate who died of DTs
VERDICT: $681,000 gross 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… $102,150 judgment against Blaine Co., $279,210 against Hill Co. [Read more…]
Firearms & domestic violence
FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Settlements
Plan I
Margie Rowles, cervical/buttocks, 11/17, wrist, 10/20, elbow, 9/21, upper back, 6/22, lower leg, 7/22, Albertsons, Hamilton, disputes as to wage loss, nature & extent of injuries, need for future treatment, Petitioner is no longer an employee, represents that she has no desire to return, Albertsons will pay $50,000 cash and purchase annuity to cover $72,962 MSA to settle all claims, stipulated judgment; Christopher Helmer for Rowles, Charlie Smith for Albertsons [Read more…]
Probate, conversion of dying husband’s account
PROBATE: Time-stamped “subscriber notes” of payments and deposits produced with assistance of bank’s online vendor properly found admissible as business records hearsay exception… wife properly found to have converted dying husband’s account which designated his sister as POD beneficiary, but was improperly denied constructive trust over half of house sale proceeds deposited into husband’s account… Brown affirmed, reversed. [Read more…]
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