VEHICLE/CATTLE NEGLIGENCE: Summary judgment properly granted for ranchers for death of 10 heifers by truck plowing into herd being moved on highway… “flag person” properly interpreted as rancher in a pickup with hazards flashing on side of road… $46,478.25 fees properly awarded under §25-10-303 & 201 and as sanction for discovery abuses and spoliation (allowing truck to be destroyed)… $68,128.74 judgment including $20,528.29 for the heifers… Bidegaray affirmed. [Read more…]
Vehicle/cattle, negligence, supervisory control
VEHICLE/CATTLE: Supervisory control of Bidegaray denied as to negligence rulings… order. [Read more…]
Limitation on liability, construction contract
LIMITATION OF LIABILITY to $50,000 in construction contract where design fees were initially $122,967 and ended up $665,000 not violative of §28-2-702 or public policy… Moses affirmed. [Read more…]
Road contract, work pending change order
ROAD CONTRACT: Requiring continued work pending approval of change order not against public policy… change order properly denied for failure to give timely notice of nonconforming subsurface… Salvagni affirmed. [Read more…]
Discovery, fees against Defendants & counsel
DISCOVERY: $21,967.50 fees awarded to Plaintiff jointly & severally against Defendants and counsel for inadequate [Read more…]
Construction lien, “contracting owner,” “agent”
CONSTRUCTION LIEN: One entity was “contracting owner” of ranches, another was “agent” for purpose of contracting for [Read more…]
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]