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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Estate of West - 12/20/1994
, 51 St.Rep. 1409.
Submitted on Briefs October 28, 1994.
This is an appeal from the District Court of the Thirteenth Judicial District, Yellowstone County, of an order establishing a limited guardianship and terminating the...
St. Paul Fire & Marine Ins. v. Glassing - 12/20/1994
, 51 St.Rep. 1437
Submitted on Briefs August 18, 1994.
Defendant Gary Glassing (Glassing) appeals an order of the Eighth Judicial District Court, Cascade County, denying his motion for summary judgment and granting summary...
Stevens v. State Fund - 12/19/1994
, 51 St.Rep. 1396
Submitted on Briefs August 11, 1994.
This is an appeal and cross-appeal from a Workers' Compensation Court order concluding that the claimant did not fraudulently obtain workers' compensation benefits...
Brockie v. Omo Construction - 12/13/1994
Rehearing Denied January 18, 1995.
, 51 St.Rep. 1322
Submitted on Briefs June 23, 1994.
Appellant Michael Brockie, as personal representative of the estate of Aric Brockie, appeals from an order of the First...
Buhr v. Flathead County - 12/8/1994
Rehearing Denied December 29, 1994.
, 51 St.Rep. 1258
Submitted June 28, 1994.
Allen Buhr appeals from judgments in favor of all defendants and from an order of the Eleventh Judicial District Court, Flathead...
Caekaert v. State Fund - 11/22/1994
, 51 St.Rep. 1202
Submitted on Briefs September 1, 1994.
Appellant Brand E. Caekaert filed a petition in the Workers' Compensation Court for the State of Montana in which he sought medical and disability benefits from the...
Sanford v. Brandon Owens - 11/22/1994
, 51 St.Rep. 1187
Submitted on Briefs September 15, 1994.
Claimant Jonathan S. Sanford appeals the decision of the Workers' Compensation Court which disallowed his petition to set aside a full and final compromise...
Lutz v. National Crane - 9/1/1994
Rehearing Denied November 29, 1994.
, 51 St.Rep. 810
Submitted March 16, 1994.
This is an appeal and cross-appeal from a jury verdict in a wrongful death/products liability lawsuit in the Eighteenth Judicial...
Newville v. State - 8/29/1994
Rehearing Denied November 17, 1994.
, 51 St.Rep. 758
Submitted March 16, 1994.
This is an appeal by the plaintiffs from a jury verdict arising out of the Eighteenth Judicial District Court, Gallatin County, in...
Nicholson v. Cooney - 6/30/1994
, 51 St.Rep. 579
Submitted on May 24, 1994.
This is an action to declare unconstitutional Referendum 112 and the suspension of 1993 Mont. Laws 634 prior to a referendum vote. The District Court for the First Judicial...
Bossard v. Johnson - 6/2/1994
Rehearing Denied June 30, 1994.
, 51 St.Rep. 494
Submitted on Briefs March 17, 1994.
This is an appeal from a grant of summary judgment to defendant by the Fourth Judicial District Court, Missoula County. We affirm....
Eisenmenger v. Ethicon - 3/24/1994
Rehearing Denied April 14, 1994.
, 51 St.Rep. 296
Submitted February 1, 1994.
Helen Eisenmenger suffered serious injury after undergoing surgery in which suture material manufactured by defendant Ethicon, Inc., was...
Gabriel v. School Dist. #4 - 3/17/1994
, 51 St.Rep. 217
Submitted on Briefs January 27, 1994.
We conclude in this case that the District Court erred in granting School District Number 4's motion for change of venue pursuant to § 25-2-126(3), MCA. Accordingly, we...
Strzelczyk v. Jett - 3/17/1994
, 51 St.Rep. 206
Certified Question Submitted February 16, 1994.
This case is before the Court on Certified Question from the United States District Court, District of Montana, Great Falls Division. This Court heard oral...
Prillaman v. Community Medical Cntr. - 3/11/1994
, 51 St.Rep. 189
Submitted on Briefs November 18, 1993.
Rebecca Prillaman appeals from a Workers' Compensation Court decision denying her compensation for her injury. We reverse and remand.
We consider the following...
Hart-albin Co. v. Mclees Inc. - 2/17/1994
Rehearing Denied April 14, 1994.
, 51 St.Rep. 112
Submitted September 16, 1993.
Plaintiffs sued defendant Leviton Manufacturing Co., Inc., in strict liability, claiming an electrical extension cord connector...
Shultz v. Hooks - 2/1/1994
, 51 St.Rep. 34
Submitted on Briefs November 5, 1993.
This is an appeal from an order of the District Court of the Eleventh Judicial District, Flathead County, which granted a default judgment to plaintiff, awarded...
Missoula Cty. Sch. Dist. #1 v. Pacific Emp. Ins. - 12/28/1993
, 50 St.Rep. 1741
Submitted on Briefs November 18, 1993.
This appeal arose in the Fourth Judicial District, State of Montana, in and for the County of Missoula, the Honorable Douglas Harkin presiding. We affirm in part and...
Walker v. United Parcel Service - 12/16/1993
Submitted on Briefs October 28, 1993.
This is an appeal from a decision by the Workers' Compensation Court denying permanent partial disability benefits. We reverse.
The sole issue before us is whether the Workers'...
City of Bozeman v. Aiu Insurance Co. - 12/14/1993
Submitted on Briefs October 21, 1993.
Plaintiff City of Bozeman brought this action in the District Court for the Eighteenth Judicial District in Gallatin County to recover attorney fees and costs incurred because of AIU...
Youngblood v. American States Ins. Co. - 12/14/1993
Submitted November 4, 1993.
Plaintiffs Alfred Youngblood (Alfred) and Mary Ann Youngblood (Mary Ann) appeal an order of the First Judicial District Court, Lewis and Clark County, denying their motion for summary judgment and...
Cosgriffe v. Cosgriffe - 11/24/1993
Submitted September 16, 1993.
This is an appeal from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, the Honorable Maurice R. Colberg, Jr., presiding, granting respondent Richard...
Hagen v. Dow Chemical Co. - 11/12/1993
Rehearings Denied December 16, 1993.
, 50 St.Rep. 1421
Submitted on Briefs March 18, 1993.
Harold and Mary Hagen filed suit in the District Court for the Fifth Judicial District in Madison County, to recover damages...
Cottrell v. Burlington Northern - 11/2/1993
, 50 St.Rep. 1323
Submitted on Briefs July 1, 1993.
Plaintiff Vern Cottrell filed this action in the District Court for the Eighth Judicial District in Cascade County, Montana, to recover damages for injuries sustained...
Hall v. Big Sky Lumber - 11/2/1993
Rehearing Denied December 2, 1993.
, 50 St.Rep. 1345
Submitted on Briefs September 2, 1993.
This is an appeal from a jury verdict in the Eleventh Judicial District, Flathead County, finding for the defendant, Big...
O'fallon v. Farmers Insurance Exchange - 8/30/1993
Submitted on Briefs June 11, 1992.
Plaintiffs brought this action to recover damages based upon defendants' alleged violation of § 33-18-201, MCA, and for malicious prosecution. The District Court dismissed both claims pursuant...
Grenz v. Fire & Casualty of Connecticut - 8/17/1993
Rehearing Denied September 16, 1993.
Submitted on Briefs August 5, 1993.
Claimant Samuel Grenz appeals from an order of the Workers' Compensation Court dismissing his petition for workers' compensation benefits. We affirm. ...
Riley v. American Honda Motor Co. - 6/22/1993
Rehearing Denied August 17, 1993.
, 50 St.Rep. 714
Submitted December 10, 1992.
Robert Riley appeals from an order of the Third Judicial District Court, Powell County, denying his motion for judgment notwithstanding...
Zimmerman v. Robertson - 6/21/1993
, 50 St.Rep. 703
Submitted on Briefs May 20, 1993.
Robert Zimmerman appeals from a judgment on directed verdict entered in favor of G.D. Robertson by the Thirteenth Judicial District Court, Yellowstone County. We affirm. ...
Young v. Horton - 6/10/1993
Rehearing Denied July 26, 1993.
, 50 St.Rep. 662
Submitted on Briefs November 24, 1992.
This is an appeal from a Fourth Judicial District Court, Missoula County, jury verdict in a medical malpractice action. ...
Marriage of Sullivan - 6/10/1993
Submitted on Briefs December 22, 1992.
This is an appeal from the Eighth Judicial District, Cascade County, the Honorable Thomas M. McKittrick presiding. Appellant Gordon Sullivan (Gordon) appeals from an order holding him in...
Wellcome v. Home Insurance - 3/25/1993
, 50 St.Rep. 305
Submitted on Briefs January 28, 1993.
This case is before us on certified questions from the United States Court of Appeals for the Ninth Circuit concerning interpretation of insurance policy provisions. ...
Falcon v. Cheung - 3/18/1993
Rehearing Denied April 1, 1993.
, 50 St.Rep. 276
Submitted on Briefs December 3, 1992.
This is an appeal from an order of the Seventeenth Judicial District Court, Valley County, granting summary judgment in favor of...
Schaubel v. Iversen - 3/2/1993
, 50 St.Rep. 213
Submitted on Briefs December 17, 1992.
This is an appeal from the Seventh Judicial District, Richland County, the Honorable Richard G. Phillips presiding. Appellants Charles and Eva Schaubel (the Schaubels)...
Wisher v. Higgs - 3/2/1993
Rehearing Denied April 26, 1993.
, 50 St.Rep. 191
Submitted September 30, 1992.
The plaintiff, Patricia Wisher, appeals from a jury verdict rendered in a medical malpractice action tried in the Eleventh Judicial...
Marriage of Lozon - 12/18/1992
, 49 St.Rep. 1135
Submitted on Briefs May 21, 1992.
Larry Lozon appeals from a decree of dissolution of his marriage to Bonnie Lozon, entered in the Eighth Judicial District Court, Cascade County, which awarded Bonnie $200...
White v. Ford - 12/17/1992
, 49 St.Rep. 1117
Submitted on Briefs September 17, 1992.
Claimant, Charles White, appeals the order of the Workers' Compensation Court which denied his claim for additional permanent partial disability benefits based upon...
O'leyar v. Callender - 12/1/1992
, 49 St.Rep. 1008
Submitted on Briefs August 27, 1992.
This is an appeal from an Eighth Judicial District Court, Cascade County jury trial award of $2,000,000 in a medical malpractice action. We affirm.
There are...
Marriage of Schmitz - 11/5/1992
, 49 St.Rep. 919
Submitted on Briefs June 11, 1992.
The petitioner, Charlene Kay Schmitz, appeals from the property distribution in this marital dissolution action as determined by the District Court of the Fifteenth...
Reil v. St. Comp. Mut. Ins. - 8/18/1992
Submitted on briefs June 4, 1992.
Kenneth Reil, claimant, appeals from a judgment by the Workers' Compensation Court ordering him to reimburse the insurer for all benefits and attorney fees. The State Compensation Mutual...
American States Life Ins. v. Willoughby - 8/13/1992
Submitted on briefs June 11, 1992.
Defendants appeal from the decision of the Thirteenth Judicial District, Yellowstone County, granting Plaintiff's motion for summary judgment and denying Defendant's motion for summary judgment....
Nelson v. Semitool - 3/26/1992
49 St.Rep. 253
Submitted on Briefs February 13, 1992.
Henry E. Nelson (Nelson) appeals from an order of the Workers' Compensation Court attributing fifty percent of his disability to an occupational disease resulting from...
Francetich v. State Compensation Mutual Insurance Fund - 3/10/1992
49 St.Rep. 222
Submitted November 5, 1991.
Claimant and appellant Wayne Francetich suffered an on-the-job injury on December 2, 1988. Respondent State Compensation Mutual Insurance Fund accepted liability and paid workers'...
Estate of Schwenke - 3/3/1992
49 St.Rep. 180
Submitted on Briefs October 31, 1991.
State Farm Fire and Casualty Company appeals from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, denying its motion to intervene...
Marriage of Durbin - 12/19/1991
Rehearing Denied January 16, 1992.
48 St.Rep. 1142
Submitted September 18, 1991.
Terri D. Durbin, now known as Terri D. Ward (Terri), appeals the November 1, 1990 findings of fact, conclusions of law, and order of...
Briceno v. Cereal Food Processors - 11/19/1991
Submitted on briefs October 10, 1991.
Jesse Briceno appeals from an order of the Workers' Compensation Court denying his claim for continuing temporary total disability benefits and for a lump-sum payment of benefits. Nationwide...
State Ex Rel. Mapes v. District Court - 10/30/1991
The plaintiff, Greg Mapes, filed a complaint in the District Court of the Eighth Judicial District in Cascade County. He brought his claim against the defendant, Burlington Northern Railroad, pursuant to 45 U.S.C. § 51, et seq., to...
Rouse v. Anaconda-deerlodge County - 9/11/1991
Submitted on briefs July 25, 1991.
This appeal involves allegations of police brutality. The plaintiff James Rouse appeals the order of the Third Judicial District Court, Anaconda-Deer Lodge County, granting summary judgment to...
Alexander v. Mccauley - 8/27/1991
Submitted on briefs July 2, 1991.
Plaintiffs appeal from the decision of the District Court of the Fifth Judicial District for Jefferson County, granting the defendants' motion for summary judgment. We affirm the District Court. ...
Ebi/orion Group v. State Comp. Mut. Ins. - 8/22/1991
Submitted on briefs July 2, 1991.
EBI/Orion Group appeals from the judgment of the Workers' Compensation Court which held that it was not entitled to indemnification from the State Compensation Mutual Insurance Fund for workers'...
Vestre v. Lambert - 8/20/1991
Submitted on briefs June 18, 1991.
The District Court for the Eleventh Judicial District, Flathead County, consolidated two lawsuits and a jury trial was held. Plaintiffs, Melanie Vestre and David Knoll, sought damages for fraud,...
Amazi v. Atlantic Richfield Co. - 8/9/1991
Submitted on briefs June 28, 1991.
This appeal involves an indemnification dispute. The parties involved were both defendants in two underlying suits. Appellant and Cross-Defendant Grant-Norpac (GN) appeals the order of the First...
Harmon v. Harmon - 7/30/1991
Submitted on briefs May 24, 1991.
The claimant, Mr. David Harmon (Mr. Harmon), filed a petition in the Workers' Compensation Court under § 39-71-2905, MCA, to resolve a dispute with the insurer, State Compensation Mutual...
Northern Mont. Hosp. v. Knight - 5/21/1991
Rehearing Denied July 9, 1991.
Submitted May 9, 1991.
Defendant Kenneth Knight (Architect) appeals from a jury verdict rendered against him and in favor of plaintiff Northern Montana Hospital in the Twelfth Judicial...
Brookings v. Thompson - 5/7/1991
Rehearing Denied May 24, 1991.
Submitted on briefs March 14, 1991.
This is the third appeal of a personal injury case arising out of a motor vehicle accident in Conrad, Montana, on January 4, 1985. The first trial resulted...
Allen v. Treasure State Plumbing - 12/19/1990
Submitted on briefs October 11, 1990.
Employers' Commercial Union appeals from the judgment of the Workers' Compensation Court which held that Employers' Commercial Union must pay permanent partial disability benefits and...
Matter of Gaither - 8/21/1990
Submitted April 24, 1990.
This case involves the rights to benefits under the Workers' Compensation law where the decedent who died in the course of his employment is survived by two children of a prior marriage, and by the widow...
Matter of Halprin - 6/28/1990
OPINION AND ORDER
On November 1, 1988, the Commission on Practice of the State of Montana caused to be filed in this Court a complaint against Neil Halprin, an attorney authorized to practice law in this State. The complaint is...
Estate of Stenson - 6/7/1990
Submitted on Briefs April 12, 1990.
This is an appeal from an order by the District Court, First Judicial District, Lewis and Clark County, Montana, which ordered the personal representative of an estate to pay certain attorney...
Estates of Milliron - 6/1/1990
Submitted on Briefs April 19, 1990.
This is an appeal by the estates of the decedent plaintiff and his now deceased wife arising out of a medical malpractice claim. The plaintiff estates appeal the order of the Montana Fourteenth...
Day v. Montana Power Company - 3/20/1990
Rehearing Denied April 12, 1990
Submitted December 12, 1989
A jury in the District Court for the Second Judicial District, Silver Bow County, awarded Ted and Doris Day damages resulting from a fire caused by the negligence...
Richter v. Simmons Drilling - 3/2/1990
Submitted on Briefs October 25, 1989
Simmons Drilling and Industrial Indemnity Company, defendants and appellants, appeal from an order of the Workers' Compensation Court, which found that Industrial Indemnity is liable for...
State v. Krantz - 3/1/1990
Rehearing Denied March 27, 1990
Submitted December 12, 1989
Thomas Krantz appeals his criminal conviction and sentence for robbery and accountability for robbery following a jury trial in the Fourth Judicial District...
Tappan v. Higgins - 12/1/1989
Submitted on Briefs August 31, 1989
Defendant, Jeffery C. Higgins, appeals an order of the Flathead County District Court granting a new trial to the plaintiff, Sherri Lenore Tappan. In a personal injury action, the jury found in...
Ebi/orion Group v. State Comp. Ins. Fund - 11/29/1989
Submitted on Briefs August 10, 1989
We reverse the summary judgment granted by the Workers' Compensation Court holding in effect that no genuine issue of material fact was presented as to the right of EBI-Orion Group for...
Halse v. Murphy - 6/8/1989
Submitted on Briefs February 3, 1989
Appellant Kristie Ann Halse appeals to this Court from a summary judgment of the Second Judicial District, Silver Bow County, in favor of respondent, Dr. James Murphy on a medical malpractice...
Frasceli v. State Dept. of Revenue - 12/13/1988
Submitted on Briefs November 3, 1988
Debra Battleson, d/b/a/ Chi Chi's Mexican American Restaurant (Chi Chi's), appeals an order entered by the Eighth Judicial District Court regarding the final ownership of one beer and wine...
Harrington v. Labelle's of Colorado - 12/6/1988
Submitted on Briefs August 4, 1988
Richard Harrington and third-party plaintiff LaBelle's appeal from a summary judgment granted in favor of Billings Sweeping Service (the Service) in the District Court for the Thirteenth...
Dahlin v. Holmquist - 11/29/1988
Rehearing Denied January 25, 1989
Submitted October 6, 1988
Catherine Dahlin appeals from the denial of her motion for a new trial by the District Court of the Thirteenth Judicial District, Yellowstone County. We reverse...
Hanson v. Oljar - 3/25/1988
Submitted on Briefs February 11, 1988.
Ethel Hanson appeals an Eighteenth Judicial District Court judgment in favor of Mary Oljar and State Farm Mutual Automobile Insurance Company. The District Court found that Ethel Hanson had...
Iowa Mutual Insurance Co. v. Davis - 3/18/1988
Submitted January 7, 1988.
Iowa Mutual instituted a declaratory judgment action in United States District Court, Great Falls Division, to determine whether it is under any obligation to indemnify or defend Jeffrey Davis (Davis) ...
Brown v. Ament - 3/18/1988
Submitted on Briefs February 4, 1988.
This is an appeal from the Workers' Compensation Court, before the Honorable Timothy Reardon. Judgment was rendered May 28, 1987 and it was determined that defendant, the State Compensation...
Bauer v. Kar Products - 2/29/1988
Submitted November 5, 1987.
In this case, we determine that the District Court, Twentieth Judicial District, Lake County, properly granted partial summary judgment against defendant Life Insurance Company of North America (LINA)...
Schmidt v. Proctor & Gamble - 6/3/1987
Submitted on Briefs March 5, 1987.
Claimant appeals an order of the Workers' Compensation Court denying him benefits because he did not file his claim within one year as required by Section 39-71-601, MCA. We affirm. ...
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