STATUTE OF LIMITATIONS properly held to bar claims against 2 latest possessors of Camaro stolen in 2003… $16,000 default against first 2 possessors… Townsend and Marks affirmed (IOR I-3(c)). [Read more…]
Res ipsa, equal theories of cause of house fire
RES IPSA instruction properly refused in light of equally plausible theories of cause of house fire… defense verdict affirmed… Olson affirmed (IOR I-3(d)). [Read more…]
Right to participate, disruptive citizen
RIGHT TO PARTICIPATE: Claims against City stemming from order of protection against disruptive citizen properly dismissed on summary judgment… Swandal affirmed (IOR I-3(d)). [Read more…]
Defense verdict, house fire
VERDICT: Defense, negligent use of extension cord not cause of house fire. [Read more…]
Venue, in-state/out-of-state defendants
VENUE improperly changed from Plaintiff’s county to Montana Defendant’s under Nelson and §25-2-122(2) where co-Defendant is out-of-state corporation… Defendant-Appellee’s argument that application of venue statutes infringes equal protection considered despite no AG [Read more…]
$71,680 net verdict, MVA, neck/disk/fibro
VERDICT: $71,680 net (36/0/64), MVA, soft-tissue neck, cervical disk bulge, fibromyalgia aggravation.
A Dillon jury found that Jessica Clise was negligent and a cause of damages to Kimberly Rogers in connection with a collision near Hwy 91 South and [Read more…]
Product liability, load binder handle
PRODUCT LIABILITY: Affirmative defenses of misuse, assumption of risk, contributory/comparative negligence where truck driver [Read more…]
Negligence, wind-blown sign injury, duty
NEGLIGENCE: Contractual obligations of project engineer in town wastewater project did not include duty to see that sign that was [Read more…]
National origin discrimination/retaliation
NATIONAL ORIGIN: Discrimination/retaliation claims by Turkish speaker who was limited to 3 minutes at City Council meeting [Read more…]
National origin, City Council speaker
NATIONAL ORIGIN DISCRIMINATION: DLI improperly dismissed claim of Turkish-origin speaker limited to 3 minutes at City Council meeting… HRC. [Read more…]