INSURANCE: Even if exposure of wood to excessive water heater exhaust temperatures created harmful conditions due to pyrolysis, that condition did not result in property damage from “occurrence” during policy period, restaurant fire after policy termination not covered, summary judgment no coverage/duty to defend properly granted… counterclaims dependent on coverage properly dismissed with prejudice… Allison affirmed. [Read more…]
$1,650,000 settlement, children drowned in canal
SETTLEMENT: $1,650,000, FTCA/negligence, 2 children drowned in Flathead irrigation canal. [Read more…]
Judicial admissions, lost video of store slip/fall
JUDICIAL ADMISSIONS: Store’s response to motion for sanctions for lost video of slip & fall contained judicial admissions as to what video would have shown, improperly precluded at trial… defense verdict reversed, remanded for new trial… Ortley reversed. [Read more…]
Discovery, spoliation, computer information
DISCOVERY: Default judgment on liability, expenses for non-compliance with order, preliminary injunction against competitors for intentional spoliation of computer information, discovery abuses in Internet freight brokerage suit… Haynes. [Read more…]
Forum selection, Calif. parties, Mont. wind farm
FORUM SELECTION: Dispute between California entities over avian conditions at Montana wind farm should be resolved in California pursuant to mandatory forum selection clause in one contract, permissive clause in another… interpretation under California [Read more…]
Defense verdict, parking lot pothole slip/fall
VERDICT: Defense, slip & fall, parking lot pothole.
A Missoula jury found 12-0 that Shopko was not negligent in connection with a slip & fall by Paula Oertli. [Read more…]
Defense verdict, CO exposure, venting disruption
VERDICT: Defense, claimed CO exposure due to disruption of venting by roofer. [Read more…]
$268,436 verdict, MVA, cervical/shoulder
VERDICT: $268,435.94, MVA, summary judgment for Plaintiff as to negligence and negligence per se, cervical fusion/shoulder surgery. [Read more…]
$1,275,000 settlement, MPC/NWE comp claims
SETTLEMENT: $1,275,000 by MPC’s insurer following defense verdict and order for new work comp bad faith trial based on juror misconduct, in addition to previous $2.5 million from co-Defendant NWE and $200,000 from adjuster, in addition to [Read more…]
Defense verdict, slip & fall, elbow/knee/shoulder
VERDICT: Defense, slip & fall, fractured elbow/knee, shoulder surgery. [Read more…]