AVIATION
Pilot error and manufacturing defects on Embraer aircraft operated by Conair ($6 million)
Defective jet engine causing multiple deaths; evidence spoliation ($8.9 million from
multiple defendants)
COMMERCIAL LITIGATION
Breach of fiduciary obligations and contract regarding an eye clinic ($1.1 million)
Breach of stock contract and fiduciary duties ($1.2 million)
Failure to adequately fund business and wrongful termination of credit ($1.5 million)
Improper termination of operating line of credit
Violation of corporation borrowing regulations
Violation of SEC rules regarding secondary stock offer disclosures ($15 million)
Recovery for insurance bad faith against out-of-state third party administrator (adjusting company) for failure to follow Montana law in adjusting claims
MEDICAL NEGLIGENCE
Failure to properly advise patient of latex surgery ($1 million)
Breach of standards regarding spinal fusion surgery and technique
Failure to monitor coagulation problems after prostrate surgery
Failure to properly monitor patient during spinal anesthesia
Failure to properly treat glaucoma
Failure to properly treat ER patient with infectious respiratory illness
Failure to properly treat retinal detachment
Failure to timely diagnose breast cancer
Failure to timely diagnose colon cancer
Failure to timely diagnose prostrate cancer
Failure to treat post-operative complications following cataract surgery
Injury to optic nerve during surgery; failure to properly treat macular degeneration
Injury from misplaced screw during spinal fusion
Medical negligence resulting in injury to vagus nerve
Negligent package and ship human tissue to pathology center ($2.2 million)
Negligent treatment post-CT myelogram complications
Negligent treatment of acute respiratory distress syndrome (ARDS) and catheter insertion
Spinal surgery where wrong discs were removed
Failure to monitor clotting issues post surgery of lower extremity resulting in death
Misdiagnosis of biopsy resulting in unnecessary kidney removal
Failure to monitor post surgery medication reaction resulting in death
NEGLIGENCE / INJURIES
Failure to property operate van ($1 million)
Failure to properly operate tractor trailer; uninsured motorist; ($1.85 million)
Negligence in gas pipeline swabbing project causing catastrophic burns ($2 million)
Motor vehicle crashes (multiple)
Improper supervision of trenching project leading to death ($4.3 million)
Traumatic brain injury (multiple)
Negligence involving motorcycle/automobile collision resulting in serious personal injuries ($1 million)
Negligence and Montana Residential Landlord Tenant Act violations resulting in carbon monoxide exposure ($1 million)
Premises liability negligence of municipality resulting in death
Negligent supervision and civil rights violations against government entity for improper investigation and harassment of innocent individual
Negligence of general contractor for injury to independent contractor resulting in significant personal injuries (workers compensation and personal injury)
PRODUCTS LIABILITY
Failure to properly tether modular home
Defective table saw
Failure of onboard trailer weigh-scale system resulting in multiple deaths ($3.6 million)
Failure to warn and manufacturing defects of latex products ($1 million)
Defective aircraft engine resulting in multiple deaths; spoliation of evidence ($8.9 million)
Defective auto parts
Defective highway due to improper super-elevation on curve
Exploding x-ray machine
Injuries resulting from tainted surgical supplies
Park-to-reverse gear defect
Defective transmission
WORKERS COMPENSATION
Multiple workers compensation and personal injury claims
Failure to provide safe place to work (Montana Safety and Scaffolding Act).
Eldredge v. Asarco, Inc. 2011 MT 80: Ruling that corporate defendant failed to provide full retirement benefits following early termination.
Harrington v. Crystal Bar, Inc., 2013 MT 209: Ruling establishing tavern’s duties to exercise due care for benefit of patrons where an assault occurred just outside the bar.
Failure to properly formulate TPN feedingsFailure to properly formulate TPN feedings
* Due to settlement confidentiality clauses, more detailed descriptions cannot be made.
Notable Reported Cases
State Bank of Townsend v. Maryann’s (1982) 204 Mont. 21, 664 P.2d 295: Ruling permitting use of financial projections to establish damages.
State ex rel. Dep’t. of Public Service Regulation v. Montana Irrigators (1984) 209 Mont. 375, 680 P.2d 963: Ruling establishing basic concepts for use in ratemaking.
Montana Power Company v. Montana Public Service Commission (1984) 214 Mont. 82, 692 P.2d 432: Ruling establishing Public Service Commission’s use of discretion in setting utility rates.
Kimes v. Herrin (1985) 217 Mont. 330, 705 P.2d 108: Ruling requiring exclusion of evidence when its probative value outweighed by prejudice.
State Fund v. Chapman (1994) 267 Mont. 484, 885 P.2d 407: Ruling that Workers’ Compensation Court could not set aside its own judgment entered more than two years earlier.
Dagel v. Farmers Insurance Group (1995) 273 Mont. 402, 903 P.2d 1359: Ruling permitting pursuit of underinsurnace proceeds without exhausting underlying policy limits.
Bueling v. Swift 1998 MT 112: Ruling preventing multiple defendants from each having four peremptory challenges unless hostility is established.
Harding v. Deiss 2000 MT 169: Ruling that comparative negligence is not an appropriate defense in medical negligence case.
McCauley v. Thompson-Nistler 2000 MT 215: Ruling regarding evidence necessary to establish public prescriptive easement.
Dyess v. Meagher County 2003 MT 78: Ruling stating EMT trainee was not an employee for purposes of determining workers compensation exclusivity.
Edie v. Gray 2005 MT 224: Ruling stating that a tenant need not give a landlord notice of unsafe conditions and that failure to provide fit and habitable living space is violative of the Montana Residential Landlord Tenant Act as a matter of law.
Mlekush v. Farmers Insurance Exchange, 2017 MT 256. Ruling that a person forced to sue their own car insurance company to retain the benefits under the policy is entitled to attorney fees if they exceed the last offer, prior to trial, by $1 or more (this case was a second appeal did not clearly define a rule and was appealed a second time. The first appeal was Mlekush v. Farmers Insurance Exchange, 2015 MT 302).
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Helena, MT 59601
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