SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
DUI, blood warrant for 1st DUI
DUI: §61-8-1016(4)(a) does not preclude a blood warrant when a 1st-time DUI suspect refuses to submit to testing under the implied consent statute… Ray/Lint affirmed. [Read more…]
Insurance, fire loss arson investigation
INSURANCE: Homeowners’ claims against insurer properly rejected on summary judgment for failure to cooperate with arson investigation… certification to Montana Supreme Court of enforcement of contractual duty to cooperate denied… DeSoto/Christensen affirmed (memorandum). [Read more…]
Officer shooting death, defense verdict
OFFICER SHOOTING DEATH: Defense verdict in “suicide by officer” case affirmed… Dayton affirmed. [Read more…]
LLC/contract, winding up, gravel pit sublease, standing
LLC/CONTRACT: LLC lacked standing to sue over gravel pit sublease because 6 years exceeded reasonable time to wind up, new entity with same name created during litigation did not revive original… sole member lacked standing to sue in individual capacity as he was not a party or 3rd-party beneficiary to the disputed contract… tort claims relating to failure to pay royalties or reclaim site to minimize tax exposure properly dismissed for failure to show duty of care distinct from contract… Best affirmed. [Read more…]
Indians, RV park access over Big Arm townsite street
INDIANS: County lacks jurisdiction to grant proposed RV park access over street in the former Big Arm townsite on Flathead Reservation… Christensen. [Read more…]
Defense verdict, officer shooting death
VERDICT: Defense, officer shooting death. [Read more…]
Attorney fees, $667,250, $2 million mobile park death
ATTORNEY FEES: $667,250 fees, $35,800.08 costs, awarded following $2 million gross verdict for death of child crushed by speeding driver in trailer park… Christopher. [Read more…]
Sexual assault, $800,000 default, stepfather incest
SEXUAL ASSAULT: $800,000 default award to stepdaughter affirmed… Best affirmed (IOR I-3(c)). [Read more…]
$2 million verdict, trailer park vehicle crush death
VERDICT: $2 million gross (80%/15% fault by Defendants, 5% by Plaintiff), wrongful death/survivorship, child crushed by speeding driver in trailer park. [Read more…]