NEGLIGENT HOME INSPECTION claim against City for residential defects barred by public duty doctrine… Deschamps. [Read more…]
Defense verdict, wrongful discharge
VERDICT: Defense, wrongful discharge, controller. [Read more…]
Subdivision, water defect claims time-barred
SUBDIVISION: Water defect claims properly rejected as time-barred, accrual rulings as to 2 Defendants properly applied per law of case to 3 Defendants… Wilson affirmed. [Read more…]
Indemnity, engineering of RR fuel unloading dock
INDEMNITY provisions of engineering agreement apply to engineering work on fuel unloading dock at Whitefish from which railroad employee fell, redress for injury shifted from engineering firm to railroad… judicial estoppel/admissions as to which year agreement applies, choice of law, definition of “renewal,” indemnity v. exculpatory vis-à-vis willful/negligent conduct, MCA 28-2-702 and 28-2-2111… Christensen. [Read more…]
Insurance, subrogation, post-construction flooding
INSURANCE: Insurer precluded from subrogation against contractor for amounts paid for post-construction broken-pipe flooding of school… waivers not violative of public policy, not ambiguous, apply to real & personal property, contractor not barred by clean-hands/judicial-estoppel… 1st-impression issues… Ortley. [Read more…]
Injunction, highway, disadvantaged enterprise
INJUNCTION: TRO/preliminary injunction denied in challenge of Disadvantaged Business Enterprise requirement for highway contract… Lovell. [Read more…]
$89,088 verdict, city water tank subcontractor
VERDICT: $89,088.12 to earthwork subcontractor against prime contractor on City water tank construction, City not liable for unjust enrichment. [Read more…]
Revocation, objectional 1st sentence, legal 2nd
REVOCATION: Sentence imposed on animal shelter operator upon 1st revocation may have been objectionable as greater than original, but was never appealed, sentence imposed [Read more…]