INVERSE CONDEMNATION: Jury incorrectly instructed to prove elements beyond Art. II §29 and case law, but Plaintiffs failed to prove that State’s construction of highway and culvert caused their house damages from massive rock falling from Billings Rims… defense verdict affirmed… Moses affirmed. [Read more…]
Pursuit death, statute of limitations, claim tolling
PURSUIT DEATH: Original limitation period tolled for claims against County until Estate received notice of denial, 6-month claim period never began because County never responded, suit timely commenced… Rouse and Stratemeyer reconciled… Jones reversed. [Read more…]
Defense verdict, boulder home crush
VERDICT: Defense, State and City not liable for home crushed by large boulder falling from cliff. [Read more…]
Auto purchase, “as is,” nonconformities
AUTO PURCHASE: Verdict properly directed for seller following buyer’s case-in-chief on claim of defective “as is” vehicle, nonconformities not established to support revocation of acceptance… refund not raised below, but MSC, sitting in [Read more…]
DUI, challenge of Crime Lab reports
DUI: Failure to challenge Crime Lab reports prior to trial does not result in forfeiture of right to do so at trial, Defendant improperly precluded from challenging Intoxilyzer, but trooper’s observations relevant to finding of per se DUI by .081 test result over 5% margin-of-error [Read more…]
Independent psych exam, auto/pedestrian
INDEPENDENT PSYCH EXAM erroneously ordered for Plaintiff asserting only general claim for “emotional pain, suffering and anxiety” associated with physical injuries in auto/pedestrian accident… supervisory control of Macek granted… opinion & order. [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
$3 million settlement, termination of state leases
SETTLEMENT: $3 million, State’s termination of leases for office building that was never built, eve of trial. [Read more…]