Notable Cases

Dedicated to Fighting to Protect the Rights of Every Injury Victim

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 prostate 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 prostate 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

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

Negligence / Injuries

2022 – A semi-truck jackknifed in the winter blocked both lanes of the interstate and multiple other cars came to a stop along the shoulder. A fire truck driving at high speed crashed into our client on the shoulder. Our client sustained a traumatic brain injury and other shoulder and back injuries. Before coming to our firm, the truck drivers’ insurance companies disclaimed all liability. We worked to get all medicals covered through workers’ compensation because our client was working at the time, and we pursued the negligent truck drivers and their insurance policies. All claims, including the workers’ compensation claims, were settled for $875,000 in addition to the medicals paid by workers’ compensation.
2021 – A semi-truck driver was high on drugs and crossed over the median nearly killed our client. We pursued multiple avenues of insurance coverage due to the limited insurance for the truck company and driver. First, we collected the policy from the driver and the truck company for failure to properly train and vet the driver and then went after the trailer company for failing to vet the negligent truck company; all claims settled for $2,000,000.
2018 – A child was severely bitten by a dog in the face; we pursued the homeowner’s insurance policy and collected $430,000.
2022 – A child was bitten in the nose by a dog in the common area of a trailer park. The dog owner did not have any homeowners insurance. We were able to pursue claims against the trailer park owner and the management company. Unfortunately, due to bad Montana jurisprudence limiting liability of trailer park owners and managers, it was an uphill battle. We fought the insurance carriers and were able to settle the claim for $50,000 in spite of the claim that no insurance applied. We also worked to negotiate down the substantial Medicaid lien to ensure our client was compensated for the harm.
2021 – Our client was outside a hotel when another hotel patron’s dog ran into her and she fell and broke her kneecap; the injury resulted in an emergency knee surgery. We were able to exhaust a renter’s insurance policy for the dog owner and discovered that the hotel knew of prior issues with the same dog on the premises. We pursued claims against the hotel for additional liability insurance. We guided our client through her medical care and negotiated down a substantial Medicare lien after a $150,000 settlement.
2022 – Our client was injured in a motorcycle crash and broke her ankle. The driver was uninsured. Our client’s own insurance company denied there was coverage under her own policy. We got involved and made the appropriate legal demands and explained to the insurance company that Montana law requires she be covered under her own policy under her uninsured motorist coverage. The insurance company responded by immediately paying out the full $50,000 in UM coverage.
2021 – Our client was injured in a single car crash where his friend, who was uninsured, was driving. Our client came into our firm on another crash more than two years later. We discovered he had his own insurance that should have covered him for his injuries for the crash two years prior and immediately obtained a $50,000 settlement.
Failure to properly 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)

Workers Compensation

2018 – Our client suffered a spinal cord injury due to trip and fall at work resulting in total disability; the insurer tried to deny the extent of the disability after multiple years of paying for medical care. We stepped in to fight and point out the deficiencies in the defense medical opinions. The claim settled for $430,000.
2021 – Our client injured her back while at work and required back surgery; we continued to help guide medical care and treatment and get it paid by the insurer, and negotiate a settlement of $125,000.
2022 – Our client crushed his leg, foot, and ankle in a workplace injury resulting in total disability. His medicals were paid through workers’ compensation and we were able to establish his back pay and lost wages for the next two years and settled the claim for $700,000.
2022 – Our client injured his left knee over a decade before and required multiple surgeries which resulted in total disability. We worked to get his medicals and disability wages paid for the next ten years before finally settling the claim for $500,000.
2022 – Our client injured his low back after slipping and almost falling at work. The workers’ compensation insurer paid for a few medical appointments and then closed the claim. The client subsequently re-injured his back and approached our firm to represent him after the claim was denied. We were able to get his medicals reopened and paid, including an expensive low-back surgery and months of follow-up care. After he was at maximum medical improvement post-surgery, the claim was settled for an additional $100,000 on top of the medicals and wage loss already paid.
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 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 underinsurance 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).