ATTORNEY FEES/COSTS denied to Plaintiff following verdict finding MVA liability reasonably clear in declaratory trial where she had received 80% of medicals/wages prior to dec action, remaining amounts thereafter without trial… unreasonable to pursue through trial to get a determination of reasonably clear liability for the purpose of seeking discretionary fees… Salvagni. [Read more…]
Verdict, reasonably clear MVA liability
VERDICT: MVA liability reasonably clear in declaratory trial, negligence claims to be tried later. [Read more…]
Negligence, jaywalker/auto, county bus depot
NEGLIGENCE: No duty by County owner of bus depot to warn passenger of dangers of jaywalking across state-maintained road… Newman affirmed (IOR I-3(d)). [Read more…]
§1983, drug defendant suicide
§1983 claims against Detective in drug defendant suicide survive summary judgment… objections to Erickson’s recommendations sustained, denied… Christensen. [Read more…]
Excessive force, tasering in welfare check
EXCESSIVE FORCE: Fact issues preclude summary judgment for officers as to whether tasering intoxicated naked man in welfare check was reasonable, whether he was unlawfully restrained… bankruptcy trustee substituted as Plaintiff… [Read more…]
Insurance, BCBS PPA, 3rd-party auto insurers
INSURANCE: No legal duty under PPA for hospital or clinic to charge 3rd-party auto insurers at BCBS reimbursement rate, contract/fraud claims properly dismissed for failure to state claim… Todd, Fagg affirmed. [Read more…]
Pleading, police officer’s complaints against Chief
PLEADING: Police officer’s litany of complaints of mistreatment and retaliation by Chief for “proactive enforcement style” fails to provide sufficient nexus to any cause recognized in Montana or sufficient [Read more…]
$400,000 settlement, alleged pursuit death
SETTLEMENT: $400,000, alleged police pursuit death. [Read more…]
Autopsy/arrest/jail, child death, immunity
AUTOPSY/ARREST/IMPRISONMENT: Medical examiner statutorily immune from reporting that “manner of death” of child was homicide based on babysitter’s later recanted claim that she collapsed while he held her hand crossing the street when later investigation disclosed that she was run over by bus… public duty challenge not addressed… false arrest/imprisonment for deliberate homicide precluded by probable [Read more…]
VERDICT: Defense, excessive force arrest.
VERDICT: Defense, excessive force arrest.
A Missoula jury found that Adam Jackson did not prove by a preponderance of the evidence that Missoula Officer Garth Craigen deprived him of his constitutional rights under the 4th Amendment 1/17/09, when he was arrested on traffic ticket warrants.