DEFAMATION: Claim that store customer was defamed by manager accusing him of “misdemeanor assault” for making physical contact with bent-over employee rejected on summary judgment… Whelan. [Read more…]
Wages, water utility employees, “on-call” lunches
WAGES: Water utility employees properly found not to have exhausted CBA grievance procedures as to claim that they were wrongly required to take 30-minute unpaid lunch break, properly found not “on call” during breaks… Vanisko/Whelan affirmed (memorandum). [Read more…]
Medical malpractice, tonsillectomy defense verdict
MEDICAL MALPRACTICE: Tonsillectomy complications defense verdict affirmed over challenges to denial of summary judgment on liability, directed verdict on informed consent, denial of insurance disclosure… Newman affirmed (IOR I-3(c)). [Read more…]
Defense verdict, med-mal, tonsillectomy complications
VERDICT: Defense, medical malpractice, tonsillectomy complications. [Read more…]
Service, oregon insurer, Missoula office
SERVICE: Oregon insurer (Liberty Northwest) improperly served through Missoula office rather than Insurance Commissioner, $1,504,000 default judgment void… Dayton reversed (IOR I-3(c)). [Read more…]
Inverse condemnation, road construction damages
INVERSE CONDEMNATION: Property damages claim barred by res judicata failure to argue damages in trial of road construction access issues… Salvagni affirmed (IOR I-3(d)). [Read more…]
Offer of judgment, highway inverse condemnation
OFFER OF JUDGMENT proceeds in highway inverse condemnation dispute properly awarded to buyer of property on contract as settlement was between buyer and MDT, not to owner who did not participate in the litigation in any meaningful way and failed to [Read more…]
Mining subsidence, apartment building, defense
MINING SUBSIDENCE: JML that subsidence caused current damage to apartment building properly denied in light of other possible causes including school construction… defense verdict affirmed… Tucker affirmed. [Read more…]
Defense verdict, mining subsidence, apartments
VERDICT: Defense, claimed apartment house damage by historic underground mining subsidence. [Read more…]
Inverse condemnation, highway widening, access
INVERSE CONDEMNATION: Use of right-of-way to maneuver vehicles out of driveway did not establish compensable property interest that was taken by highway widening, summary judgment should have been granted to [Read more…]