DRUGS: Fentanyl conviction affirmed over challenge to text messages from decedent… Morris affirmed (memorandum). [Read more…]
Defense verdict, med-mal death
VERDICT: Defense, medical malpractice pulmonary embolism death. [Read more…]
Jail death, defense (95/5 negligence), meth overdose
JAIL DEATH: Defense verdict (95/5 negligence) meth overdose affirmed… Spaulding affirmed. [Read more…]
Service of process not met by appearance notice
SERVICE: McMahon’s ruling that strict compliance with service rules is obviated by Defendant’s notice of appearance reversed on supervisory control, remanded to dismiss MVA case for failure of proper service… Order. [Read more…]
Verdict, $381,360 judgment, inmate who died of DTs
VERDICT: $681,000 gross to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital… $102,150 judgment against Blaine Co., $279,210 against Hill Co. [Read more…]
Drugs, RV on property reported as parolee’s address
DRUGS: Parole officers had reasonable suspicion that Defendant controlled RV on property which he reported as his residence (regardless of whether it is a dwelling or a vehicle)… Morris affirmed (memorandum). [Read more…]
Med-mal damage cap constitutionality, $6 million verdict
MED-MAL DAMAGE CAP constitutional challenge rejected based on Meech, $6 million verdict for failure to timely prescribe “clot-buster” for stroke patient reduced to “nowhere close enough” $250,000… Kutzman. [Read more…]
Municipal Court speedy trial, COVID delay
MUNICIPAL COURT SPEEDY TRIAL: COVID a legally sufficient reason to delay protective order trial 2 days beyond statutory deadline… Bolstad/Parker affirmed. [Read more…]
Jail negligence, inmate who died from DTs
JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Medical malpractice, newborn brain injuries
MEDICAL MALPRACTICE: Summary judgment improperly granted to OB/GYN for failure to present sufficient expert testimony relating to newborn brain injuries… Best reversed. [Read more…]