Montana Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Montana or Court of Appeals of Montana where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Schuff v. A.T. Klemens & Son - 12/27/2000
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade The Honorable Kenneth R. Neill, Judge presiding.
Heard: April 4, 2000
Submitted: June 28, 2000
Justice James C. Nelson ...
Topolski v. Helena Associaion of Realtors Inc. - 12/19/2000
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, Honorable Jeffrey M. Sherlock, Judge Presiding
Submitted on Briefs: June 15, 2000
1 This is an action to enjoin...
Otto v. Montana Dept. of Fish - 12/14/2000
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Thomas Honzel, Judge presiding.
Submitted on Briefs: June 22, 2000
1 Appellant Lauryl L. Otto (Otto), in...
Schwabe v. Custer's Inn Associates - 12/12/2000
APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Custer, The Honorable Gary L. Day, Judge presiding.
Submitted on Briefs: January 13, 2000
1 David H. Schwabe, as personal...
Butler v. Domin - 12/7/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John S. Henson, Judge presiding.
Submitted on Briefs: March 2, 2000
Justice Jim Regnier
David Butler...
Wallace v. Professional Farm Systems - 12/7/2000
APPEAL FROM: Montana Workers' Compensation Court, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: July 20, 2000
Justice Terry N. Trieweiler
The Claimant, Carl Wallace, filed a petition in the...
Winslow v. Montana Rail Link - 11/27/2000
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Thomas Honzel, Judge presiding.
Submitted on Briefs: June 1, 2000
Gary Winslow (Winslow) appeals from the...
Stanko v. Rowton - 10/30/2000
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable John R. Christensen, Judge presiding.
Submitted on Briefs: March 9, 2000
1 Pursuant to Section I, Paragraph 3(c),...
Braaten v. Steinbach - 9/28/2000
APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Thomas Honzel, Judge presiding.
Submitted on Briefs: March 23, 2000
Pursuant to Section I, Paragraph...
Galetti v. Montana Power Co. - 8/25/2000
APPEAL FROM: Workers' Compensation Court The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: March 16, 2000
1 Gary Galetti appeals from both the Findings of Fact, Conclusions of Law and Judgment and the Order...
Burns v. A Cash Construction Lien Bond - 8/24/2000
Submitted on Briefs: February 3, 2000
1 Gordon and Sean Burns (the Burnses) appeal the judgment and order of the First Judicial District Court.
2 We affirm.
3 We restate the issues as follows:
4 . Whether the...
Onstad v. Payless ShoeSource - 8/24/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, Honorable Russell C. Fagg, Judge Presiding
Argued: April 7, 2000
Submitted: April 27, 2000
1 A Thirteenth...
Finstad v. W.R. Grace and Co. - 8/22/2000
APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding.
Argued: March 21, 2000
Submitted: April 27, 2000
1 Kenneth R....
Eastman v. Insurance Co. - 8/10/2000
APPEAL FROM: Workers' Compensation Court, State of Montana The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: January 13, 2000
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal...
Harding v. Deiss - 6/27/2000
APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge, The Honorable Ted L. Mizner, Judge presiding.
Submitted on Briefs: January 13, 2000
Marsha Harding (Appellant) appeals from...
Huether v. District Court of the Sixteenth Judicial District of the State of Montana - 6/20/2000
ORIGINAL PROCEEDING
Heard and Submitted: September 9, 1999
On March 25, 1999, this Court accepted jurisdiction of this application for writ of supervisory control over the Sixteenth Judicial District Court, Custer County....
Watters v. Guaranty National Insurance Company - 6/6/2000
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding.
Heard: October 14, 1999
Submitted: November 18, 1999
Justice James C....
In re Marriage of Pospisil - 5/23/2000
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable David Cybulski, Judge presiding.
Submitted on Briefs: August 5, 1999
Clerk
Justice James C. Nelson
...
Phillips v. General Motors Corp. - 3/7/2000
CERTIFIED QUESTION: United States District Court, District of Montana.
Submitted and Argued: January 20, 2000
Clerk
1. The United States District Court for the District of Montana, Missoula Division, has certified...
Sherner v. Conoco - 2/29/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Russell C. Fagg, Judge presiding.
Heard: November 30, 1999
Submitted: December 2, 1999
Peter...
Smith v. State Compensation Fund - 2/17/2000
Submitted: February 10, 2000
The claimant herein seeks interim benefits under section 39-71-610, MCA (1997), while he pursues his workers' compensation claim. His request for 610 benefits was initially made to the Department of...
Kapphan v. State Compensation Insurance Fund - 2/17/2000
DECISION AND JUDGMENT
The petitioner in this case is seeking permanent partial disability (PPD) benefits pursuant to section 39-71-703, MCA (1997). His entitlement to benefits under that section, other than an impairment award,...
Simons-Tollefson v. State Compensation Insurance Fund - 2/16/2000
ORDER APPOINTING GUARDIAN AD LITEM AND DENYING MOTION TO DISMISS
The petitioner in this case is Randell James Simons-Tollefson (Randell), the minor son of Randell James Tollefson (Tollefson). Tollefson was killed August 2,...
Hams v. Liberty Northwest Insurance Corporation - 2/10/2000
Hams v. Liberty from hams2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on December 28, 1999, in Helena, Montana. Petitioner, Loren Hams (claimant), was represented by Mr. Kenneth S....
Oliver v. Stimson Lumber Co. - 12/22/1999
1999 MT 328 [56 St.Rep. 1303]
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Ed McLean, Judge presiding.
Argued and Submitted: June 15, 1999
Byron and...
McGuin v. State Compensation Insurance Fund - 12/16/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on Monday, May 24, 1999, in Kalispell, Montana. Petitioner, Bradley H. McGuin (claimant), was present and represented by Ms. Sydney E. McKenna....
Estate of McCarthy v. Montana Second Judicial District Court - 12/9/1999
ORIGINAL PROCEEDING: Supervisory Control
Argued: March 23, 1999
Submitted: March 25, 1999
This case originated in this Court on the application of the Estate of Dennis McCarthy, M.D. (the Estate), for a writ of...
Thayer v. Uninsured Employers' Fund - 12/7/1999
APPEAL FROM: Workers Compensation Court, State of Montana, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: August 12, 1999
Clerk Justice Terry N. Trieweiler
1 Phyllis Thayer filed a petition in the...
Hale v. Royal Logging - 12/7/1999
APPEAL FROM: Workers Compensation Court, State of Montana, The Honorable Mike McCarter, Judge presiding.
Submitted on Briefs: June 17, 1999
Clerk
Justice Jim Regnier
1 Wesley Hale appeals from the Findings of...
Wallace v. State Compensation Insurance Fund - 12/7/1999
Wallace v. State Fund from wallace
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Based upon an industrial injury occurring May 21, 1982, claimant, Carl Wallace, seeks summary judgment awarding him total disability benefits...
Harned v. State Compensation Insurance Fund - 6/8/1999
DECISION AND JUDGMENT
This trial in this matter was held on February 26, 1999, in Butte, Montana. Petitioner, Eugene Harned (claimant), was present and represented by Mr. Bernard J. Everett. Respondent, State Compensation...
Alocco v. Cigna Insurance - 6/2/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on January 12, 1999, in Great Falls, Montana. Petitioner, Carl Alocco (claimant), was present and represented by Mr. Cameron Ferguson....
Buerkley v. Aspen Meadows Limited Partnership - 5/17/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Russell C. Fagg, Judge presiding.
Submitted on Briefs: October 15, 1999
. The plaintiff, Trevor Buerkley,...
Jacobsen v. State - 4/28/1999
APPEAL FROM: District Court of the Second Judicial District, In and for the County of Silver Bow, The Honorable James Purcell, Judge presiding.
Submitted on Briefs: December 3, 1999
. Pursuant to Section I, Paragraph 3(c),...
Parham v. State Compensation Insurance Fund - 3/17/1999
ORDER GRANTING PARTIAL JUDGMENT AND ORDER REQUESTING COOPERATION FROM
DEPARTMENT OF CORRECTIONS
The parties in this Emergency Petition case filed a PRETRIAL ORDER on or about March 11, 1999. The parties agreed to...
Jones v. Reliance National Indemnity Company - 3/17/1999
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on November 17, 1998, in Butte, Montana. Petitioner, Frank R. Jones (claimant), was present and represented by Mr. Kurt Krueger. Respondent,...
Craig v. Schell - 3/11/1999
APPEAL FROM: District Court of the Tenth Judicial District, In and for the County of Fergus, The Honorable John Christensen, Judge presiding.
Submitted on Briefs: June 18, 1998
I. F.F. Schell, Personal Representative of...
Schmitz v. Vasquez - 12/23/1998
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Douglas G. Harkin, Judge presiding.
Submitted on Briefs: November 24, 1998
. The plaintiff, Marilyn Schmitz,...
Smith v. Hull - 8/27/1998
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding.
Submitted on Briefs: July 29, 1998
Decided: August 25, 1998
...
Campbell v. Bozeman Investors of Duluth - 8/24/1998
Submitted on Briefs October 9, 1997.
1 Jeannie Rosseland Campbell (Campbell) brought an action in the District Court for the Eighteenth Judicial District, Gallatin County, to recover damages from Bozeman Investors of Duluth...
Calcaterra v. Montana Resources - 7/29/1998
APPEAL FROM: District Court of the Second Judicial District,
In and for the County of Silver Bow, The Honorable John W. Whelan, Judge presiding.
Submitted on Briefs: April 9, 1998
Karen Calcaterra (Karen) appeals...
Kaeding v. Grace - 6/23/1998
APPEAL FROM: District Court of the Nineteenth Judicial District,
In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding.
Submitted on Briefs: April 2, 1998
Appellants Donald M. and...
Scott v. Henrich - 5/5/1998
Submitted on Briefs April 2, 1998.
1 Doris A. Scott (Doris) appeals from the decision of the Second Judicial District Court, Silver Bow County, granting James L. Henrich, David J. Flamand, Butte-Silver Bow Law Enforcement...
Bueling v. Swift - 5/5/1998
Submitted on Briefs April 2, 1998.
1 Appellant Anita Bueling (Bueling) appeals from the April 10, 1997 order of the Eighth Judicial District Court, Cascade County, denying Bueling's motions to set aside the jury verdict and for...
Webb v. T.d. - 12/30/1997
Rehearing Denied January 30, 1998.
Submitted November 20, 1997.
The plaintiff, Diana L. Webb, filed a complaint in the District Court for the Thirteenth Judicial District in Yellowstone County in which she alleged that she...
State v. Sellner - 12/29/1997
Submitted on Briefs December 16, 1997.
In proceedings before the Twentieth Judicial District Court, Lake County, Gordon D. Sellner was charged with attempted deliberate homicide and criminal endangerment. A jury found him guilty...
Schmidt v. State - 12/15/1997
Submitted on Briefs November 13, 1997.
The plaintiff, Sherry Robinson Schmidt, filed a complaint against the defendant, State of Montana, in the District Court for the First Judicial District in Broadwater County, in which she...
Blackburn v. Blue Mountain Women's Clinic - 12/11/1997
Rehearing Denied January 15, 1998.
Submitted November 13, 1997. Argued August 12, 1997.
In November 1995, plaintiff and appellant Amy Blackburn filed an action in the Second Judicial District Court, Silver Bow County,...
Wood v. Old Trapper Taxi - 11/25/1997
Submitted on Briefs September 17, 1997.
Jarold R. Wood and his wife, Dara Wood, filed suit in the First Judicial District Court, Lewis and Clark County, to recover damages as a result of injuries sustained by Jarold when a radio...
Estate of Haagenson - 11/25/1997
Submitted on Briefs November 6, 1997.
Sara and Benjamin Haagenson filed a petition in the District Court for the Fourth Judicial District in Missoula County in which they sought removal of Darla Zenker-Haagenson as personal...
Thompson v. City of Bozeman - 9/15/1997
Submitted on Briefs June 12, 1997.
The City of Bozeman (City) appeals from the order of the Eighteenth Judicial District Court, Gallatin County, granting, in part, the motion for a new trial on the issue of damages filed by Traci...
Briney v. Pacific Employers Insurance Company - 6/24/1997
Submitted on Briefs January 16, 1997.
The claimant, Brett Briney, filed an amended petition in the Workers' Compensation Court for the State of Montana in which he sought partial disability benefits as a result of injuries he...
Welton v. Lucas - 6/19/1997
Submitted on Briefs April 17, 1997.
Lisa L. Welton (Welton), appeals from the order of the Thirteenth Judicial District Court granting Suzanne Lucas, Laurette Murphy, and Shelly Robbins' (collectively "the Respondents") motion...
Scott v. Henrich - 6/10/1997
Submitted on Briefs April 4, 1997.
Doris Scott appeals from the Silver Bow County, Second Judicial District Court's entry of summary judgment against her in this negligence action for wrongful death and survivorship, arising from...
Herron v. Schutz Foss Architects - 3/25/1997
Submitted on Briefs October 24, 1996.
This is an action for declaratory judgment on issues concerning the limits of liability coverage available under a claims-made insurance policy. The District Court for the Twelfth Judicial...
Sprinkle v. Burton - 12/27/1996
53 St.Rep. 1441
Submitted on Briefs October 10, 1996.
James Burton, M.D. (Dr. Burton) appeals from an April 4, 1996 order of the Eighth Judicial District Court, Cascade County, denying his motion for change of venue. We...
Stenstrom v. State - 12/20/1996
53 St.Rep. 1423
Submitted on Briefs October 31, 1996.
Appellant Daryl A. Stenstrom (Stenstrom) appeals the March 15, 1996 Order of the Twentieth Judicial District Court, Lake County, dismissing his Notice of Appeal and...
Wentz v. Montana Power Co. - 11/26/1996
53 St.Rep. 1277
Submitted on Briefs November 14, 1996.
This is an appeal from an order of the Thirteenth Judicial District Court, Yellowstone County, denying motions for change of venue filed by certain of the defendants....
Burgland v. Liberty Mutual Fire Ins. Co. - 11/21/1996
53 St.Rep. 1158
Submitted on Briefs August 15, 1996.
Steven K. Burglund appeals from the amended findings of fact, conclusions of law, and judgment entered by the Workers' Compensation Court on April 10, 1995, and from the...
Kuzara v. State Fund - 11/14/1996
Rehearing Denied January 2, 1997.
53 St.Rep. 1125
Submitted on Briefs October 24, 1996.
Elizabeth Kuzara appeals the judgment of the Workers' Compensation Court granting a directed verdict in favor of the State...
Estate of Strever v. Cline - 6/27/1996
53 St.Rep. 576
Submitted January 30, 1996.
Eleven-year-old Robert Strever died May 3, 1992, as a result of a single gunshot wound to the head. Robert was shot with a handgun that he and several companions had stolen from a...
Chaney v. U.s. Fidelity & Guaranty - 5/30/1996
53 St.Rep. 499
Submitted on Briefs February 29, 1996.
The petitioner, Larry D. Chaney, filed a petition in the Workers' Compensation Court of the State of Montana in which he sought benefits for disability which he alleged...
Busta v. Columbus Hospital Corp. - 5/10/1996
53 St.Rep. 428
Submitted on Briefs January 17, 1996.
The plaintiff, Ida O. Busta, filed her complaint in the District Court for the Eighth Judicial District in Cascade County in which she sought compensation for damages...
Smith v. Butte-silver Bow County - 5/6/1996
53 St.Rep. 421
Submitted on Briefs February 1, 1996.
The Estate of Richard A. Smith (Estate) appeals from the judgment entered by the Second Judicial District Court, Silver Bow County, on its order dismissing the Estate's...
Best v. State Fund - 5/3/1996
53 St.Rep. 405
Submitted on Briefs March 14, 1996.
Dennis O. Best, Sr. (Best) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court denying his claim for permanent total...
South v. Transportation Ins. Co. - 3/18/1996
Rehearing Denied April 11, 1996.
53 St.Rep. 196
Submitted on Briefs January 4, 1996.
Appellant Suzanne E. South (South) appeals the decision of the Montana Workers' Compensation Court denying her petition to rescind...
Heiat v. Eastern Montana College - 3/4/1996
53 St.Rep. 162
Submitted on Briefs November, 9, 1995.
Nafisseh Heiat appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, granting Eastern Montana College and the Montana Commissioner of...
Ulrigg v. Jones - 12/5/1995
52 St.Rep. 1198
Submitted on Briefs October 26, 1995.
The Plaintiff, Jodie Ulrigg (Jodie), appeals from the February 6, 1995 opinion and order of the Fourth Judicial District Court, Missoula County, granting Defendant Jack...
Carter v. Department of Transportation - 11/13/1995
52 St.Rep. 1111
Submitted on Briefs July 28, 1995
Plaintiff and appellant, Candy Carter appeals a decision and order from the First Judicial District Court, Lewis and Clark County, granting the defendant, the Montana...
Wilson v. Liberty Mutual Fire Insurance - 9/26/1995
Rehearing Denied October 19, 1995.
52 St.Rep. 990
Submitted on Briefs August 17, 1995.
Gerard Wilson (Wilson) appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court...
Turjan v. Valley View Estates - 8/4/1995
52 St.Rep. 740
Submitted on Briefs April 20, 1995.
Appellant Donna Turjan appeals from a November 1993 order of the Workers' Compensation Court denying her claim for failure to report an injury within the time prescribed by...
Lockwood v. W.r. Grace & Co. - 8/3/1995
52 St.Rep. 705
Submitted on Briefs January 26, 1995.
Ruth Lockwood appeals from orders of the Nineteenth Judicial District Court, Lincoln County, granting W.R. Grace & Company's motion to dismiss her complaint with...
Stroop v. Day - 6/1/1995
, 52 St.Rep. 461
Submitted on Briefs March 10, 1995.
Hughie E. Stroop filed a complaint in the Eighth Judicial District Court, Cascade County, against James C. Day and Colleen M. Day (the Days), alleging that they were...
Sacco v. High Country Independent Press - 2/14/1995
Decided May 19, 1995. Heard:
, 52 St.Rep. 407
Submitted February 16, 1995.
This is an appeal from several Eighteenth Judicial District Court, Gallatin County, orders on motions for summary judgment. We reverse and...
Eatinger v. Johnson - 12/22/1994
Rehearing Denied January 26, 1995.
, 51 St.Rep. 1484
Submitted on Briefs December 8, 1994.
Plaintiffs Mark C. Eatinger, Beth Ann Henderson, and Julie Silvan filed a complaint in the District Court for the Tenth...
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