VOLUNTEER FIRE DEPARTMENT properly found to be municipally owned, attempt to declare itself divested properly rejected… Murnion affirmed. [Read more…]
Officers shooting death, §§ 1983/2-9-305(5) immunity
OFFICERS SHOOTING: §1983 claim against City officers who killed erratic, aggressive, threatening person barred by qualified immunity… state law tort claims barred by MCA 2-9-305(5) immunity from individual liability… Cavan/Watters. [Read more…]
Verdict, defense, City liability in officers shooting death
VERDICT: Defense (49% liability by City, 51% by Decedent), officers shooting death. [Read more…]
City Court, court of record, non-lawyer judge
CITY COURT: Trials in court of record before non-lawyer judge not violative of due process, equal protection… Gilbert affirmed (IOR I-3(c)). [Read more…]
Right to know/participate, County, private bridge
RIGHT TO KNOW/PARTICIPATE not implicated by County considering small bridge on private property with limited use… no standing to sue County for negligence because no property interest in crossing… fees to County properly denied… Gilbert affirmed (IOR I-3(d)). [Read more…]
Fire district, scope of services, dispatch duties
FIRE DISTRICT created in 1989 entitled to expand services pursuant to 1991 amendment of statute… PSAP must notify but has discretion as to dispatch… McNeil reversed, affirmed. [Read more…]
Defense verdict, gas furnace CO exposure
VERDICT: Defense, gas furnace CO exposure. [Read more…]
$36 million settlement, rail yard contamination
SETTLEMENT: $36 million including $16 million for remediation trust, Livingston rail yard contamination, mid-trial settlement. [Read more…]
DUI, ranch driveway, prior DUI
DUI: Driver traveled on way of State to reach ranch driveway… no abuse of discretion in not taking judicial notice of JP disallowance of prior DUI, unsigned forms insufficient to overcome presumption of regularity… circumstantial [Read more…]