INSURANCE AGENCY: Agency correctly found to be 3rd-party beneficiary to agreement between independent contractor and insurance company, agreement correctly found ambiguous requiring extrinsic evidence, but error to not consider extrinsic evidence demonstrating company’s intent in entering the agreement and to rely on hearsay and a letter not of record to support judgment for agency… Todd affirmed, reversed (IOR I-3(c)). [Read more…]
Supervisory control, slip & fall expert disclosure
SUPERVISORY CONTROL of Hayworth denied as to reopening discovery in slip & fall case on expert disclosure issue. [Read more…]
Marital, contempt, failure to clear wife’s titles
MARITAL: Husband properly held in contempt for failing to refinance loans and clear wife’s titles. . . Murnion affirmed (IOR I-3(c)). [Read more…]
Marital, premarital inherited/gifted business
MARITAL: Pre-marital family business properly valued and apportioned, maintenance/fees properly awarded to wife… Todd affirmed (IOR I-3(c)). [Read more…]
Pivot irrigation system, fixture of land
PIVOT IRRIGATION SYSTEM installed by Plaintiff for use on Defendant’s land to grow alfalfa to attract game for Plaintiff constituted a fixture of the land… Defendant properly found not to have breached email purchase/maintenance agreement at time Plaintiff sued for return of damaged system… Plaintiff not entitled to unjust enrichment recovery… Hayworth affirmed. [Read more…]
Marital, husband’s disparaging remarks/conduct
MARITAL: Findings properly entered as to disparaging remarks and conduct of husband… mother’s parenting plan properly adopted… appeal sanctions denied… Todd affirmed (IOR I-3(c)). [Read more…]
Marital, up-front equalization payment, ranch sale
MARITAL: Up-front equalization properly ordered with potential of forced sale of ranch as incentive… tax consequences of ranch sale should be considered… ranch properly valued… Knisely affirmed, reversed. [Read more…]
Bench judgment, defense, MVA, cervical
BENCH JUDGMENT: Claim for $10,000 additional med-pay above $61,291 paid including for 93 chiropractic visits with Plaintiff’s husband rejected, treating physicians’ causation testimony based mostly on Plaintiff’s inaccurate symptom history, missing pre-MVA chiropractic [Read more…]
Defense verdict, townhouse stairs fall, ACL
VERDICT: Defense, townhouse stairs fall, ACL.
A Billings jury found 12-0 that Terry & Susan Havener (Rose Condos) [Read more…]
Marital, primary parent, child’s wishes
MARITAL: Father properly made primary parent despite child’s wishes to live with mother… income properly imputed to mother [Read more…]