JAIL DEATH: $681,000 gross verdict to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital, affirmed over challenge to retired ER doctor as med-mal expert and inclusion of NMH on special verdict form… $102,150 judgment against Blaine Co., $279,210 against Hill Co., affirmed… Olson affirmed. [Read more…]
Defense verdict, med-mal death
VERDICT: Defense, medical malpractice pulmonary embolism death. [Read more…]
Jail death, defense (95/5 negligence), meth overdose
JAIL DEATH: Defense verdict (95/5 negligence) meth overdose affirmed… Spaulding affirmed. [Read more…]
Verdict, $381,360 judgment, inmate who died of DTs
VERDICT: $681,000 gross to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital… $102,150 judgment against Blaine Co., $279,210 against Hill Co. [Read more…]
Sanctions, lost parking lot surveillance footage
SANCTIONS for loss of Probation Office parking lot surveillance footage improperly imposed under Court’s “inherent authority” when such loss is covered by Rule 37(e) which requires purposeful hiding of evidence… finding of “recklessness” insufficient to instruct that it was established as a matter of law that Probation Officer used excessive force against probationer’s mother… $75,000 verdict and $94,077.97 attorney fees reversed, remanded for new trial… Morris reversed. [Read more…]
Judge substitution, successor to retired Judge
JUDGE SUBSTITUTION: Party seeking to substitute successor to retired Judge had actual notice of successor, untimely motion properly denied despite no formal notice… Bonilla affirmed (memorandum). [Read more…]
Med-mal damage cap constitutionality, $6 million verdict
MED-MAL DAMAGE CAP constitutional challenge rejected based on Meech, $6 million verdict for failure to timely prescribe “clot-buster” for stroke patient reduced to “nowhere close enough” $250,000… Kutzman. [Read more…]
Jail negligence, inmate who died from DTs
JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Medical malpractice, newborn brain injuries
MEDICAL MALPRACTICE: Summary judgment improperly granted to OB/GYN for failure to present sufficient expert testimony relating to newborn brain injuries… Best reversed. [Read more…]
$6 million verdict, med-mal, stroke
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]