NEGLIGENCE: New trial improperly granted following verdict of 54% negligence by Plaintiff motorist backed into at low speed by grader removing snow… Krueger reversed. [Read more…]
Statute of limitations, fall through floor service access
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…]
Insurance, necessity of general contractor for repairs
INSURANCE: Common questions of law including necessity of general contractor for house repairs sufficiently predominate to warrant class certification despite certain premature conclusions… Moses affirmed, reversed. [Read more…]
Jurisdiction, consent by registration, railroad
JURISDICTION: A foreign corporation does not consent to general personal jurisdiction by registering to do business and conducting activities in Montana. . . claims against BN by 3 Plaintiffs injured outside Montana properly dismissed for lack of jurisdiction. . . Fagg and Moses affirmed. [Read more…]
FELA/spoliation, failure to preserve video
FELA/SPOLIATION: Default judgment for failure to preserve workplace video properly denied, but some meaningful sanction should be imposed in new trial of injury claim following defense verdict… Macek reversed. [Read more…]
Appeal procedure, notice, multiple pending motions
APPEAL PROCEDURE: When multiple motions which toll appeal time are pending, party need not file notice of appeal when 1st motion is disposed of and 2nd notice after subsequent motion is disposed of… order. [Read more…]
Defense verdict, FELA, slipped engine hatch, brain
VERDICT: Defense, FELA, slipped locomotive hatch door, traumatic brain/neck. [Read more…]
Negligence, apartment icy stairs fall
NEGLIGENCE: Apartment icy stairs fall claim properly rejected on summary judgment… Larson affirmed (IOR I-3(d)). [Read more…]
Negligence, diesel fuel water, defense verdict
NEGLIGENCE: No prejudice from Defendant’s reliance on settled-party defense in light of finding of no negligence by Defendant on claim of catastrophic engine damage by alleged water in diesel fuel, no need to address constitutionality of amended statute… acquiescence in ruling that Plaintiff could be questioned as to prior insurance claims resulted in [Read more…]
Defense, semi-pickup collision, 4 Plaintiffs
VERDICT: Defense, semi-pickup collision, 4 Plaintiffs, rotator cuff, soft-tissue neck/back, mild traumatic brain. [Read more…]