INDIANS: No Tribal Court jurisdiction over member’s toxic exposure claims against nonmember gas station… Haddon affirmed (unpublished). [Read more…]
IME, “hired gun,” attic floor fall
IME/SUMMARY JUDGMENT: Attic fall Defendant entitled to “hired gun” Rule 35 exam, with measures to minimize intrusion… fact issues preclude summary judgment… subsequent defense verdict… McKinnon. [Read more…]
Defense verdict (20/80), attic floor fall
VERDICT: Defense (20/80), fall through attic floor, neck/back.
A Great Falls jury found 8-4 that Meadow Lark Country Club acted [Read more…]
Product liability/negligence, $7,490,000 CO verdict
PRODUCT LIABILITY/NEGLIGENCE: $7,490,000 CO verdict for 18 Plaintiffs against heater manufacturer improperly reduced by 30% negligence of installer since jury not asked to apportion negligence/product, but should be reduced by $2 [Read more…]
Comparative negligence, $7,490,000 CO verdict
COMPARATIVE NEGLIGENCE/AG NOTICE: Extension to notify AG of “unclear” constitutional challenge to §27-1-703 denied in appeal of 30% reduction of $7,490,000 verdict for 18 [Read more…]
Insurance, snow-collapsed apartments carport
INSURANCE: Snow-collapsed carport not covered in apartment complex policy despite insured’s claim that he requested and was told he was purchasing coverage of all structures… agent had no duty to procure coverage for carport absent specific [Read more…]
Petroleum release, statute of limitations
PETROLEUM RELEASE: All but 1 leak reimbursement claim barred by 8-year statute… McCarter. [Read more…]
$75,000 verdict, rear-end auto, neck/shoulder
VERDICT: $75,000, rear-end auto, admitted liability, neck/shoulder.
An 11-1 Great Falls jury awarded Becky Jourdonais $75,000 for damages suffered in an MVA with Valerie Martin in Great Falls 8/7/01. [Read more…]
$7,490,000 verdict, 18 Plaintiffs, CO exposure
VERDICT: $7,490,000, 18 Plaintiffs, CO exposure, brain, defective heating system, 70% negligence by manufacturer, 30% negligence by settled installer. [Read more…]
Defense verdict, rain water flooding, sump pump
VERDICT: Defense, home rain water flooding from allegedly failed sump pump.
An 11-1 Great Falls jury found that Q&R Plumbing did not act negligently when it installed a sump pump in Rose Hedrick’s home. [Read more…]