NEGLIGENCE: Apartment icy stairs fall claim properly rejected on summary judgment… Larson affirmed (IOR I-3(d)). [Read more…]
Order of protection, res judicata, 2 courts
ORDER OF PROTECTION issued in Missoula not precluded by res judicata of dismissed Ravalli order… McLean affirmed (IOR I-3(d)). [Read more…]
Trust, distributions from house sale
TRUST: Distributions from house sale properly made first to brothers who had pitched in to save house, then to sister for whom trust was created… McLean affirmed. [Read more…]
Marital, required sale of premarital house
MARITAL: Husband properly required to sell his premarital house to reduce wife’s debt on her premarital house… husband entitled to credit for principal part of mortgage payments on wife’s house, not to interest part… Deschamps affirmed (IOR I-3(d)(v)). [Read more…]
Negligence, windblown tree on car, death, expert
NEGLIGENCE: Suit against MDT properly dismissed for lack of expert as to standard of care as to road closure decisions where driver died from tree blown onto car by high wind… McNeil affirmed. [Read more…]
Contract, subcontractor bid “modification”
CONTRACT: Concrete subcontractor’s bid constituted binding contract, issues of acceptance, interlineation counter-offer, [Read more…]
Insurance, 3rd-party, no notice to insurer
INSURANCE: No coverage for 3rd-party claimants’ $1,879,205 home construction default judgment where builder failed to notify [Read more…]
Marital, house quitclaim, time of valuation
MARITAL: House properly included in estate despite wife’s quitclaim, properly valued at time of sale by husband 2 years [Read more…]
Property partition, cohabitants
PROPERTY PARTITION: Equitable doctrines properly applied to divide residential property of cohabitants… parties correctly found to have equitable rights and ½ interest, not constructive trust to entirety by man or gift to entirety by woman… Haynes affirmed. [Read more…]
Constructive trust, grantor-support agreement
CONSTRUCTIVE TRUST: Instruction on grantor-support agreement between son and mother properly denied… verdict of constructive trust in ranch in favor of son affirmed… Dayton affirmed (IOR I-3(d)(v)). [Read more…]