Montana Law Week

The Weekly Digest of Montana Law

Inherently dangerous activity, 60-foot roof spans

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INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]

Negligence, auto/pedestrian defense verdict

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NEGLIGENCE: Cross of eyewitness to auto/pedestrian collision as to prior inconsistent statements improperly curtailed, defense verdict reversed, remanded for new trial… summary judgment on negligence per se properly denied, proper response to jury query as to City’s cross-walk law… Larson reversed, affirmed. [Read more…]

Insurance, stipulated $29 million reasonableness

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INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]

Vehicle dealership, limitation of remedies

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VEHICLE DEALERSHIP: Limitation of remedies provision bars Plaintiff’s claim for consequential damages for breach of contract but not for “loss resulting in the ordinary course of events from the seller’s breach”… Montana law at the time correctly applied to tort claims (3-year statute), but subsequent Masters mandates applying choice-of-law provision to tort claims arising out of performance of contract as well as contract claims, provision stipulates Texas law (4-year statute)… Molloy affirmed, reversed (unpublished). [Read more…]

Judge disqualification, $10 mil consent judgment

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JUDGE DISQUALIFICATION: Judge presiding over insurer’s challenge to reasonableness of $10 million accounting malpractice consent judgment should have disclosed his own insurer’s challenge of reasonableness of sexual harassment consent judgment with court reporter (first impression)… remanded for findings & conclusions by new judge… opinion & order. [Read more…]