SETTLEMENT: $475,000, jail suicide… settlement by County’s insurer over County’s objection. [Read more…]
$.02 verdict, jail inmate due process claims
VERDICT: $.02 nominal damages for deprivation of due process by jailers failing to provide written statement of evidence or reasons for disciplinary action, $0 for 5 other due process claims, affirmed… DeSoto affirmed (memorandum). [Read more…]
Premises liability, improvident ice slip/fall SJ
PREMISES LIABILITY: Fact issues preclude summary judgment as to senior facility ice slip & fall… Larson reversed (memorandum). [Read more…]
Defense verdict, wrongful death, wedding party guest
VERDICT: Defense, wrongful death, disputed provision of cocaine to wedding party guest who went missing and was found dead in a creek. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
Statute of limitations, MVA passenger fibromyalgia
STATUTE OF LIMITATIONS properly held to bar passenger’s claims against former husband/driver of accident vehicle over assertion that fibromyalgia was self-concealing or driver was estopped from defending based on Montana statute because he had agreed to North Dakota’s 6-year statute… Knisely affirmed (memorandum). [Read more…]
$2,221,839 verdict, apartment building earthwork
VERDICT: $2,221,839, breach of subcontract by earthwork subcontractor resulting in demolition of apartment building due to movement from lack of soil compaction and foundation drainage. [Read more…]
Construction defects, suit remains alive per clarification
CONSTRUCTION DEFECTS: Suit involving apartment building that was destroyed due to soil movement remains alive pursuant to Court’s ruling on Plaintiffs’ requested “clarification” of summary judgment rulings which Defendant construed as resulting in dismissal of entire case… Hayworth. [Read more…]
$240,000 net settlement, breach of promised jail position
SETTLEMENT: $250,000 from County to former Sheriff’s Deputy for breach of promised new position of Detention Center Administrator… $10,000 from Deputy to County for improper sanctions motion. [Read more…]
Construction defects, apartment building soil movement
CONSTRUCTION DEFECTS: Tort claims against excavation contractor of apartment building that was destroyed due to soil movement including concealment of defects dismissed on summary judgment based on statutes of limitation… contract claims survive summary judgment BUT Plaintiffs are unable to seek restoration damages because they cannot prove “temporary injury” resulting in dismissal of entire case… Hayworth. [Read more…]