Notable Cases

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

Failure to properly formulate TPN feedings

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.

* Due to settlement confidentiality clauses, more detailed descriptions cannot be made.

Notable Reported Cases

In re: Montana Power Company (1979) 180 Mont. 385, 590 P.2d 1140: Ruling establishing law that original cost depreciation is to be used in rate base calculation, not fair value.

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.

Call Now