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Montana Death Law
 
Ron J. Dumontier, et al. v. Schlumberger Technology Corporation

We consider whether subcellular damage amounts to bodily injury under the Price-Anderson Act. Facts Schlumberger Technology Corporation’s employees carelessly left some cesium-137 on a drilling rig. Plaintiffs later worked on the rig and were exposed. Though less well known than uranium or plutonium, cesium isn’t a substance to be toyed with. Unprotected exposure can cause burns, radiation sic... More...   $0 (09-11-2008 - MT)

Ross Atwood v. Fort Peck Tribal Court Assiniboine and Sioux Tribes, et al.

This case involves a custody dispute concerning an Indian child, Lexie. After the untimely death of Lexie's mother, Lexie's maternal aunt, Defendant Linda L. Flynn Hanson, sought custody through Defendant Fort Peck Tribal Court ("Tribal Court"). The Tribal Court granted temporary custody to Lexie's maternal grandmother pending the outcome of the custody dispute. Lexie's non-Indian fathe... More...   $0 (01-19-2008 - MT)

Joy Black Summers, etc. v. Delta Air Lines, Inc. and Sky West Airlines, Inc.

Betty Jane Black disembarked from a SkyWest Airlines airplane, slipped and fell, and suffered injuries that allegedly led to her death. Plaintiff Joy Black Summers, Mrs. Black's daughter-in-law and the personal representative of her estate, brought suit against Defendants Delta Airlines and SkyWest Airlines, alleging that Defendants negligently failed to provide wheelchair assistance to... More...   $0 (11-29-2007 - MT)

DJ Price, individually and behalf of the Estate of Richard B. Presler v. Buffalo Station

The Family and Estate of Richard B. Presler sued the Buffalo Station on a Dram Shop violation theory for the wrongful death of Richard, age 20, who was served alcohol despite the fact that he was underage and visibly intoxicated. Presler, of Bozeman, died in a car crash in November 2003 after leaving the club when his pickup truck struck a vehicle driven by Michael Bowen, a 54-year-old Bozeman ... More...   $3000000 (10-26-2007 - MT)

Family and Estate of Marina Kanevskaya v. Erik Wayne Lee

The Family and Estate of Marina Kanevskaya sued Erik Wayne Lee on a ngligence theory for the wrongful death of the University of Montana Professor who was killed in a hit-and-run accident on December 13, 2002. Kanevskaya, a 46-year-old professor who taught Russian at UM, was hit by Lee's truck as she was crossing a notoriously busy section of Maurice Avenue near the entrance to the Adams Center... More...   $0 (12-17-2006 - MT)

Joy Mathis v. Michael Marsac and Ryan Lindstadt

Joy Mathis, the mother of Melissa Ray, a passenger in a car being driven by Michael Marsac when it hit a pickup being driven by Ryan Lindstadt sued both drivers on negligence theories for the wrongful death of her daughter. She alleged that both drivers had been drinking and were jointly liability for the August 9, 2003 accident that killed her 18-year-old daughter. Lindstadt's p... More...   $325000 (10-05-2006 - MT)

Robert H. Harris v. Bankers Life and Casualty Company and Kenneth L. Brown

We consider for the first time in this circuit whether the jurisdictional facts supporting removal of an action from state court to federal court must be apparent from the face of the initial pleading or whether the mere spectre of removability triggers a duty of inquiry. Specifically, is removability determined by the face of the initial pleading or by defendant's knowledge, constructive... More...   $0 (10-11-2005 - MT)

Massee vs. Richard E. Thompson and Broadwater County

In May 1997 Ray Doggett shot Vickie Dogget, he then turned the gun on himself. Broadwater County Sheriff Rich Thompson and his deputies had been called to the family home to settle domestic disputes on four previous occasions spanning four years. Vickie's children claimed that the defendants negligently failed to make an arrest.

Montana statutes require peace officers to advise victims of do... More...   $350000 (03-03-2003 - MT)

Quantum Electric, Inc. v. Richard and Victoria Schaeffer, et al.

Appellants Richard and Victoria Schaeffer (Schaeffers) appeal an order of the Eleventh Judicial District Court, Flathead County, denying their motion to set aside the court's previous judgment. We reverse.

2 We address the following issue on appeal: Did the District Court err in concluding that the plaintiff's failure to comply with § 37-61-405, MCA, and Uniform District Court Rule 10 (Rule ... More...   $0 (02-24-2003 - MT)

Lewis A. Albert v. Erika Hastetter, etc.

1 Erika Hastetter (Hastetter) appeals the determination by the Seventh Judicial District Court, Richland County, that a roadway providing access to and egress from a half-section of pasture owned by Lewis A. Albert (Albert) is subject to a prescriptive easement, enuring to the benefit of Albert. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 2 Albert acquired the following described half-sect... More...   $0 (06-11-2002 - MT)

Michael A. Albinger v. Michelle L. Harris

1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a... More...   $0 (06-02-2002 - MT)

Stanley Schlemmer v. North Central Life Insuance Company

In the underlying action, Stanley Schlemmer (Schlemmer) sought damages on claims that the application and underwriting procedures used by North Central Life Insurance Company (North Central) in connection with his application for credit life and disability insurance violated the Unfair Claims Settlement Practices Act, breached the covenant of good faith and fair dealing, and constituted fraud. The... More...   $0 (12-11-2001 - MT)

Luke v. Gager

1 This is an appeal from a bench trial in the Twentieth Judicial District Court, Lake County. The Plaintiffs, Sally R. Luke and James Doering (hereinafter referred to as Luke), are the personal representatives of the estate of Margaret Louise Liddell (Maggie) and in such capacity bring this lawsuit against Alice Gager (Alice) and John Does 1 and 2, to recover damages for fraud, undue influence, co... More...   $0 (12-28-2000 - MT)

Anita K. Bueling v. Douglas E. Swift, M.D. and David Anderson, M.D

A wrongful death and survival action against treating physicians and hospital.... More...   $0 (05-05-1998 - MT)


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