HOME DEFECTS: Initial developer owed no duty to subsequent purchasers of home with settling defects (1st impression in Montana), not personally liable as partner of partnership… Neill. [Read more…]
Negligence, flagger run over by semi, State’s duty
NEGLIGENCE: State owed no duty to trucker or flagger who was run over at travel plaza paving site, not vicariously liable for torts of project contractors… summary judgment properly denied for trucker on contribution claim against State since there was no [Read more…]
Insurance, employee murdered by husband at work
INSURANCE: Murder of employee by husband at work did not “arise out of” employment, no coverage under employer’s liability part of work comp policy, no duty to indemnify… Seeley. [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
CPA/RCDA, buyer’s claims against seller’s builder
CPA/RCDA: Claim by purchasers of allegedly defective home viable against seller’s builder as individual member of contracting LLC under Court’s previous 1st-impression ruling that privity of contract not required for CPA claim against seller’s engineer… claim of personal [Read more…]
Judge substitution, motion time, transfer
JUDGE SUBSTITUTION: 30 days for motion began when Defendant appeared in Plaintiff’s action to transfer toxic suit from Tribal Court to District Court, not from new complaint after transfer action was dismissed without prejudice, motion untimely… McKinnon affirmed. [Read more…]
Negligence, MVA defense verdict
NEGLIGENCE: Negligent entrustment in MVA properly rejected, affidavit averring mother’s knowledge of daughter’s driving [Read more…]
Jurisdiction, appeal of consolidated cases
JURISDICTION: Appeal of denial of substitution of McKinnon in consolidated cases deprives District Court of jurisdiction in both [Read more…]
Insurance, apartment complex collapsed carport
INSURANCE: Unattached carport covered in commercial policy insuring apartment complex premises based on [Read more…]
Defense verdict, intersection auto, back
VERDICT: Defense, intersection auto, L5-S1 fusion.
A 12-0 Conrad jury found that SherryAnn Roos did not act [Read more…]