RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
Insurance bad faith, “wondering” is not Ridley demand
INSURANCE BAD FAITH: Hospital’s call to insurer that injured motorcyclist’s wife was “wondering” if there was “any way” for the hospital to bill insurer did not constitute a Ridley demand sufficient to trigger UTPA obligations… form for optional release of husband and wife included with payment of policy limits for husband did not violate UTPA… summary dismissal of all claims properly granted… DeSoto affirmed (memorandum). [Read more…]
Rule 59, emotional damages from theft of vehicle
RULE 59 motions by both sides following rejection of $62,750 emotional damages stemming from theft of vehicle from tire shop untimely, Plaintiffs’ motion for new trial to resurrect tactically dismissed NIED claim denied… Defendant’s motion converted to 60(b)(6) to allow amendment of judgment to only $2,278.43 bailment damages… Molloy. [Read more…]
Emotional distress, $62,750 non-property vacated
EMOTIONAL DISTRESS: $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys vacated following Montana Supreme Court answer to certified question… order. [Read more…]
Emotional distress, parasitic damages, rehearing denied
EMOTIONAL DISTRESS: Rehearing denied as to 9th Circuit certified question answer that parasitic emotional distress damages not available for personal property negligence claim which “reversed” $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys… order. [Read more…]
Emotional distress, personal property damage/loss
EMOTIONAL DISTRESS: Parasitic emotional distress damages not available for negligence claim for personal property damage or loss… certified question answered for 9th Circuit… $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys “reversed”… Molloy “reversed.” [Read more…]
Wrongful discharge, mental health Program Manager
WRONGFUL DISCHARGE: Good cause to terminate mental health Program Manager for concerns about her conduct and client care, claim properly dismissed on summary judgment… Eddy affirmed. [Read more…]
Emotional distress, $62,750 verdict, vehicle theft
EMOTIONAL DISTRESS: Certified to Montana Supreme Court whether emotional distress damages are available for personal property damages or loss, following $62,750 verdict for unspecified non-property damages for theft of vehicle from repair facility. [Read more…]
Insurance bad faith, supervisory control of dismissal
INSURANCE BAD FAITH: Supervisory control denied as to Deschamps’s summary dismissal of bad-faith claims… order. [Read more…]
Insurance, auto liability stacking
INSURANCE: Summary judgment properly granted that 4 separate vehicle liability coverages are not stackable… Jones affirmed. [Read more…]