ROLLOVER DEATH: Default for late disclosure of Explorer rollovers properly denied… other incidents properly excluded for lack of similarity… Safety Canopy standardization properly excluded, no improper “consumer choice” defense… no [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Insurance, defend/indemnify, landslide lots
INSURANCE: Insurer has duty under CGL and umbrella policies to defend/indemnify sellers of landslide lots in suit resulting in $2,789,914/$2,883,080 awards including $545,443/$565,707 verdicts [Read more…]
Dismissal, failure to respond/appear
DISMISSAL: No excusable neglect by brother relying on sister to handle mortuary negligence litigation in not responding or [Read more…]
Settlement enforcement, emailed MOU, repudiation
SETTLEMENT ENFORCEMENT: Emailed MOU constitutes written, signed, enforceable settlement of agreement reached at [Read more…]
Defense verdict, rollover death, safety canopy
VERDICT: Defense, rollover death, safety canopy claims against vehicle manufacturer, rental agency, admitted liability by other [Read more…]
Seatbelt use evidence, product liability, negligence
SEATBELT EVIDENCE: Evidence of seatbelt use by decedent in collision-induced rollover partial ejection not prohibited by §61- [Read more…]
Survival/pre-impact fright, vehicle ejection
SURVIVAL/PRE-IMPACT FRIGHT: Not enough time between collision and fatal blow to head after partial ejection for survival [Read more…]
Seatbelt evidence, negligence v. product liability
SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]
Jurisdiction, insurer testing Montana waters
JURISDICTION: Wisconsin auto insurers’ applying to do business in Montana, appointing agent for service, insufficient for personal [Read more…]