INSURANCE/MARITAL/PROBATE: Term life beneficiaries improperly changed from wife & business to sister while economic TRO in effect even though changes could have been made between divorce and death, must be set aside under equitable power to order return to status quo when TRO violator has died… sister, although surprised to be named beneficiary of 2 policies (one not disclosed in divorce), unjustly enriched by $2,306,103.13 proceeds which she invested in real estate, constructive trust imposed in favor of decedent’s son & daughter per MSA and parenting agreement, to be resolved in equity on remand… Neill reversed. [Read more…]
Dog bite, injury by animal v. premises liability
DOG BITE: Injury by animal and premises liability are separate common law theories, absence of liability under one does not necessarily preclude recovery under the other… negligence claim properly rejected on summary judgment on basis that landlady did not have “reason to know” that tenants’ dogs of pit bull ancestry had vicious propensities… strict liability properly rejected for lack of evidence that dogs were purebred pit bulls or that purebreds are inherently dangerous… Boucher affirmed. [Read more…]
Home defects, summary judgment rulings
HOME DEFECTS: Summary judgment rulings as to claims of defects in subdivision home resulting from expansive clay soils… Sandefur. [Read more…]
Property ownership/conversion, held v. deeded
PROPERTY OWNERSHIP/CONVERSION: Claim that Montana property held for Florida drug dealer while he was in prison rather than deeded outright and that deed was forged and funds from dealer’s bank account converted properly rejected in bench [Read more…]
Defense judgment, quiet title/conversion
BENCH JUDGMENT: Request to quiet title/constructive trust to 880 acres in name of drug dealer who purportedly had Defendants make payments while he was in prison rejected… Defendants paid 71.5% of purchase price, obtained financing loan and leveraged their own ranch, improved property, paid [Read more…]
UI, misconduct
UI: BLA’s findings that dislike of new boss and sharing misinformation within workplace did not amount to misconduct affirmed, denial of UI by HO properly reversed… BLA/McKinnon affirmed. [Read more…]
Probate, service by publication, surfaced heirs
PROBATE: Service by publication proper in Missoula proceeding to determine “then-living” heirs entitled to estate remainder, no need to re-serve after venue changed to [Read more…]
Defense verdict, wheat fire
VERDICT: Defense, wheat fire allegedly caused by failed trailer bearing.
A Great Falls jury found that Leonard Moug was negligent in connection with [Read more…]
Defense verdict, prison suicide
VERDICT: Defense, prison suicide.
A Helena jury found that the State did not violate its duty of care to Dennis Palmerton in relation to his suicide death at MSP 2/28/05. [Read more…]
Res judicata, plugged oil/gas wells
RES JUDICATA: Claim for damages for plugged oil/gas wells barred by res judicata, pre-trial order, prior trials/appeals… McKinnon affirmed.
Somont Oil sued in 1998 to quiet its leasehold in 28 oil & gas leases in the [Read more…]