Montana Law Week

The Weekly Digest of Montana Law

Public road easement through house/garage

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PUBLIC ROAD EASEMENT: County properly failed to establish 30 foot easement from center of County road onto Defendant’s property through his garage & house based only on unmarked dashed line on COSs… $42,671 fees and $1,111.29 costs properly awarded under UDJA… Harris affirmed (memorandum). [Read more…]

FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees

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FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]

FELA, cumulative trauma, defense verdict

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FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]

FELA, cumulative trauma, defense verdict

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FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]

FELA, slippery locomotive steps, defense verdict

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FELA: Sufficient conflicting evidence for LIA claim of ice & snow on locomotive steps causing slip and ACL injury to go to jury… evidence of installation of heated platform by non-party Amtrak as subsequent remedial measure improperly denied… conductor’s non-RR income improperly admitted… defense verdict reversed, remanded for new trial… Fagg affirmed, reversed. [Read more…]