COVENANTS: Whether Defendants sufficiently considered impact of home construction on Plaintiffs’ views of mountains improperly decided on summary judgment… $420,000 fees award to Defendants vacated pending jury’s determination of who wins… Ohman reversed. [Read more…]
Defense verdict, med-mal, screw into hip joint
VERDICT: Defense, med-mal, claim that timely lateral view x-rays in post-operative period following hip pinning would have revealed a screw penetrating into hip joint sooner, obviating need for hip replacement. [Read more…]
Consent judgment, judge harassment of reporter
CONSENT JUDGMENT: State not obligated to defend/indemnify Judge accused of sexual harassment of court reporter or pay unconsented $744,371 settlement… reporter may pursue HRA claim… Sherlock affirmed. [Read more…]
Medical records privacy, comp surveillance video
MEDICAL RECORDS PRIVACY: Letter from doctor to MSF expressing concern about surveillance video was authorized communication, not breach of privacy or physician/patient, not knowingly assisting in fraud prosecution… claims against doctor properly dismissed on summary judgment… Fagg affirmed. [Read more…]
Medical records privacy, surveillance concerns
MEDICAL RECORDS PRIVACY: Letter from physician to MSF expressing concern about surveillance video undermining what he was led to believe falls under authorized communication, not breach of privacy or physician/patient, not knowingly assisting in prosecution, claims against doctor dismissed on summary [Read more…]
Wrongful death, MVA reconstruction
WRONGFUL DEATH: Reconstruction testimony, computer simulation, properly admitted in head-on MVA death case… expert’s disclosure did not require correction or updating… Defense verdict affirmed… Jones affirmed. [Read more…]
City liability, public duty, park slide
CITY LIABILITY: Public duty doctrine not applicable to fall from City park slide, summary judgment for City improperly granted based on PDD… City had duty of reasonable care in maintaining park… recreational use statute applies to park, claim of [Read more…]
Rule 11 sanctions, $1.1 million med-mal settlement
RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [Read more…]
Defense verdict, head-on MVA, death
VERDICT: Defense, head-on MVA, death.
A Red Lodge jury found 9-3 that John Bradford was not negligent in operating his vehicle 6/12/10. [Read more…]
Work comp privacy, CCJI, surveillance videos
WORK COMP PRIVACY: MSF correctly authorized to disseminate CCJI from surveillance videos of comp claimant… Reynolds affirmed. [Read more…]