STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
Probate, emails/texts not “written contract”
PROBATE: Emails, texts, and verbal agreement do not constitute a “written contract” executed by each heir for distribution of truck… PR had no duty to put purported agreement by heirs in writing… Harris reversed. [Read more…]
Landfill nuisance, County road through ranch
LANDFILL NUISANCE claims against landfill owner and County relating to road through ranch properly rejected on summary judgment… Harada affirmed (memorandum). [Read more…]
$24,500 verdict, reassignment of State grazing leases
VERDICT: $24,500, breach of ranch lease involving dispute as to reassignment of State leases after termination of ranch lease, plus $36,440 attorney fees. [Read more…]
Insurance agency, 3rd-party agent contract beneficiary
INSURANCE AGENCY: Agency correctly found to be 3rd-party beneficiary to agreement between independent contractor and insurance company, agreement correctly found ambiguous requiring extrinsic evidence, but error to not consider extrinsic evidence demonstrating company’s intent in entering the agreement and to rely on hearsay and a letter not of record to support judgment for agency… Todd affirmed, reversed (IOR I-3(c)). [Read more…]
Farm contract, sublessee lack of privity
FARM CONTRACT: Sublessee’s contract claims against original lessor properly rejected for lack of privity, no support for separate tort liability… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Wrongful discharge, insubordination v. reasonableness
WRONGFUL DISCHARGE: Termination of superintendent for refusing to follow directives to safeguard heavy equipment properly upheld on summary judgment over employee’s contention that reasonableness of refusal was jury issue. . . Todd affirmed (IOR I-3(c)). [Read more…]
Disability discrimination, hospital Instrument Tech
DISABILITY DISCRIMINATION claims by hospital Instrument Tech with speech/learning disabilities survive summary judgment except as to untimely retaliation claim under Montana law… Watters. [Read more…]
Defense verdict, rear-end, admitted liability
VERDICT: Defense, rear-end auto, admitted liability, neck/back/knee. [Read more…]
UCC, equipment collateral sale
UCC: Lender entitled to recover $53,210.03 due on note plus $10,364.97 fees/costs from proceeds of sale by implement dealer of equipment/collateral it took as trade-in from borrower… Cybulski. [Read more…]