Montana Law Week

The Weekly Digest of Montana Law

Child UTV death, parental responsibility, apportionment

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WRONGFUL DEATH: Fact issues preclude summary judgment on liability of ranch Defendants in child UTV death despite Defendants waving banner of parental responsibility and urging decision solely on that principle… summary judgment on liability of parents is granted to extent that they have acknowledged negligence and cause of death, liability to be apportioned among responsible parties… Gilbert. [Read more…]

$19,950.25 fees/costs, child death discovery sanctions

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ATTORNEY FEES: $19,950.25 fees/costs awarded Plaintiff for Defendants’ failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case, with deductions recommended by Plaintiffs’ expert and over objection by Defendants that if the law requires fees when punitives claim was subsequently dismissed then “the law is a ass.”… Gilbert. [Read more…]

Discovery sanctions, punitives financial information

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DISCOVERY SANCTIONS: Attorney fees/costs awarded for failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case… fact issues preclude summary judgment on punitives as to 2 Defendants, granted as to 1… claim that distribution of Trust assets following death of Trustee was fraudulent transfer rejected… request that assets be held by Court pending resolution of case rejected… Gilbert. [Read more…]

Respondeat superior, disclosures to new employer

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RESPONDEAT SUPERIOR: Fact issues preclude summary judgment as to whether City supervisor’s negative disclosures to former employee’s new employer were incidental to authorized conduct and thus within the scope of his employment such that the City was liable for supervisor’s allegedly tortious conduct… Todd reversed. [Read more…]