 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
[T] Copp v. Copp12/9/2003
Submitted on Briefs: February 13, 2003
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
As part of the Final Decree of Dissolution of Marriage, the Seventh Judicial District Court issued an Order under which Dean Copp (Dean) was required to pay Marcy Copp (Marcy) maintenance of $300 per month for twenty-four (24) months and $1,500 of Marcy's divorce-related attorney fees. Additionally, Dean, who was employed by Burlington Northern Santa Fe Railroad, was ordered to share equally with Marcy any future FELA claim paid as a result of injuries Dean received while married to Marcy. Dean appeals. We affirm.
ISSUES
The issues presented by Dean on appeal are:
1. Were the District Court's Finding of Fact No. 10 and Conclusion of Law No. 10 clearly erroneous?
2. Did the District Court abuse its discretion in awarding Marcy 50% of Dean's FELA claim?
3. Did the District Court err in awarding maintenance to Marcy?
4. Did the District Court err in awarding attorney fees to Marcy?
FACTUAL BACKGROUND
Dean and Marcy were married in October 1989, in Sheridan, Wyoming. During the course of their eleven-year marriage, the couple had four children. Dean began working for Burlington Northern Santa Fe Railroad (BNSF) in February 1998. He suffered a work-related lower back injury in April 2000 and underwent spinal surgery in May 2001. Dean was unable to work from late February 2001 to February 2002. During this time, he received disability benefits from the railroad. In early July 2001, Dean filed for divorce.
The District Court held a non-jury trial in April 2002 to determine the division of property and debts, responsibility for health insurance, the amount of child support to be paid to Marcy, the amount of maintenance, if necessary, to be paid to Marcy, and whether Dean must pay any or all of Marcy's attorney's fees. Child custody issues were not addressed because they had been resolved previously.
During the trial, Dean was questioned about the prospect of filing a FELA claim against the railroad as a result of his injury. Dean testified that he had not filed a claim against BNSF. He stated that he had not heard anything from the railroad representative about a FELA claim and believed that any claim he had would be valueless. He stated he would not retain an attorney to represent him in any FELA claim he may have against the railroad. Lastly, he agreed that if he ever filed and subsequently settled a FELA claim with the railroad, he would be willing to "direct a portion of that" settlement to Marcy as a marital asset.
The District Court found that, "[Dean] may have a FELA claim pending which he could pursue with the railroad, and he testified that he has no objection to [Marcy] receiving one half of any amount received from the claim if there is a recovery." Order, Finding of Fact No. 10. The court then concluded, " s agreed to by [Dean], [Marcy] should be kept advised as to the status of any claim against Burlington Northern Santa Fe Railway and any such claim should be divided equally between [Dean] and [Marcy] with [Dean] authorizing BNSF to issue a separate check to [Marcy] for her share of any settlement, or if the matter goes to trial, [Dean's] attorney should equally d
Page 1 2 3 4 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|