RESIDENTIAL BUILDING APPLICATION: Negligence & nuisances claims against Town rejected for failure to establish special relationship exception to public duty doctrine… rights to know and participate claims time-barred… Olson. [Read more…]
Vehicle misrepresentation, email settlement
VEHICLE MISREPRESENTATION claims settled in binding emails regardless of no formal release, remedy for failure to perform lies in contract such as rescission… Menahan affirmed (memorandum). [Read more…]
Wrongful discharge v. settlement, Public Works Director
WRONGFUL DISCHARGE claim by Public Works Director precluded by $30,339.84 and resignation settlement agreement. . . Parker affirmed (IOR I-3(c)). [Read more…]
Jurisdiction/venue, Ford tire “detreading” death
JURISDICTION/VENUE: Ford has requisite “minimal contacts” with Montana for specific personal jurisdiction over tire “detreading” suit stemming from Ford Explorer crash death even though car was initially sold to Washington dealer. . . Cascade (where PR resides) is a proper venue over Defendants’ advocacy of Missoula (Ford’s registered place of business), Mineral (where the wreck occurred), or Sanders (where many of the witnesses live). . . Best. [Read more…]
Disability discrimination, “service dog”
DISABILITY DISCRIMINATION: Training of Boxer to assist person with mental conditions not established as “service dog” as opposed to “typical obedient dog,” claim of discrimination for limited library access dismissed. . . Jeff Rhoa/HRC. [Read more…]
Non-parent interest, Montana inconvenient forum
NON-PARENT INTEREST: Montana inconvenient forum to determine interest as to child whose mother moved to Oklahoma… Sherlock affirmed. [Read more…]
Agister’s lien, $9,766, Aston Martin storage
AGISTER’S LIEN: $9,766 properly awarded for storage of Aston Martin that was initially brought in for repairs… Macek affirmed (IOR I-3(d)). [Read more…]
Medical damages, billed v. paid by insurer
MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]
Appeal procedure, classification reconsideration
APPEAL PROCEDURE: Reconsideration of panel classification of Aston Martin owner’s challenge to 2013 Agisters’ Lien Law amendments denied… order. [Read more…]
Jail negligence, alcohol withdrawal death
JAIL NEGLIGENCE: Hill Co. vicariously liable for any negligence attributable to Northern Montana Hospital as a cause of death of inmate from alcohol withdrawal… State not vicariously liable for any negligence for which Blaine, Hill, or NMH may be liable… Blaine not vicariously liable… summary judgment for NMH on 3rd-party contribution/indemnity claims asserted by Blaine & Hill… Plaintiff settled with NMH… Sandefur. [Read more…]