Montana Law Week

The Weekly Digest of Montana Law

$75,000 verdict, $94,077.97 fees, unreasonable force by PO

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VERDICT: $75,000, §1983 unreasonable force by Probation & Parole Officer against Plaintiff who was observing arrest of her son, fractured elbow/sprained wrist… $94,077.97 attorney fees awarded of $181,865.47 requested… $2,802.97 costs awarded ($18,812.50 costs of use of force expert who did not contribute to success or appear at trial denied)… $35,000 settlement with City and police officer. [Read more…]

Insurance, insurer standing for Ridley declaration

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INSURANCE: Insurer had standing to bring Ridley declaratory action, properly granted summary judgment based on auto/motorcycle liability and causation… initial willingness to advance-pay $89,983.95 medicals/wages did not constitute acceptance of liability… fees/costs properly denied Defendant/3rd-party claimant… hearing on summary judgment motions properly denied for lack of specific request… Seeley affirmed. [Read more…]

Well contamination, 3rd-party driller settled/dismissed

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WELL CONTAMINATION: Driller of well at bar & grill found to be contaminated with fuel from store/gas station across the street dismissed from store’s 3rd-party claims after settling with bar & grill although not joint tortfeasor but under Deere/Durden rationale… main case settled eve of trial… Berger. [Read more…]

Insurance, “equitable considerations” attorney fees

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INSURANCE: “Equitable considerations” support award of fees for 12 hours prior to Defense’s acquiescence in demand for advance-pay of medicals that had been paid by Plaintiff’s insurer, not for 206 hours after Plaintiff rejected offer and filed declaratory action… Halligan affirmed (IOR I-3(c)). [Read more…]

Wrongful death, MVA bakery distributor’s truck

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WRONGFUL DEATH: Magistrate’s recommended summary judgment rulings in MVA death case involving independent contractor distributor of bakery’s products whose driver was allegedly under influence of marijuana and issues of agency, subservant employment, joint venture, non-delegable duty under Federal Motor Carrier Safety Regulations, negligent selection of independent contractor, punitives… DeSoto. [Read more…]

Boat slip eviction verdict, equitable relief, $500 CPA

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BOAT SLIP EVICTION: Injunction compelling marina to provide boat slips and request for attorney fees denied following verdict finding that marina violated CPA in terminating sailboat slip rental but the violation did not cause damages… $500 statutory damages properly awarded… Menahan affirmed (IOR I-3(c)). [Read more…]