Justia Injury Law Opinion Summaries

The Supreme Court accepted a state law question certified by the United States Court of Appeals for the Ninth Circuit regarding whether, under Montana law, parasitic emotional distress damages are available for an underlying negligence claim for personal property damage or loss, answering the question in the negative.After Plaintiffs took their vehicle to Costco's tire center a Costco employee gave the keys to a man who falsely claimed to be Plaintiffs' son. Plaintiffs found their vehicle, but several items had been stolen. Plaintiffs sued, bringing claims of bailment and negligence. In instructing the jury, the district court told jurors that if they found for Plaintiffs on the negligence claim, they must determine the amount of damages to compensate them for any parasitic damages caused. The jury returned a verdict in favor of Plaintiffs. Costco appealed the award for non-property damages, arguing that the verdict was premised on the federal district court's incorrect instruction for consideration of parasitic emotional distress damages arising from the loss of personal property. The Ninth Circuit then certified the question at issue. The Supreme Court answered that parasitic emotional distress damages are not available for an underlying negligence claim for personal property damage or loss. View "Childress v. Costco Wholesale Corp." on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of Bob Walden and Sylvan Walden on their negligence suit against Yellowstone Electric Company (YECO), holding that the district court did not err.The Waldens were moving cattle north on a portion of Montana Highway 24 when Thomas Newell, who was driving a truck owned by YECO, ran into the cattle, killing ten heifers. The Waldens brought suit alleging negligence. The district court determined that Newell and YECO, as Newell's employer, were negligent as a matter of law in causing the death of the Waldens' cows. The Supreme Court affirmed, holding that there was no error in the proceedings below. View "Walden v. Yellowstone Electric Co." on Justia Law

The Supreme Court affirmed the judgment of the district court concluding that Erik Miller was justified when he used deadly force against Nicholas Tyson Frazier, holding that the district court did not err or abuse its discretion.Frazier, who was suicidal, was shot by Miller, a police officer, in his home after he pointed his gun at the Miller. The Estate brought this complaint against Miller alleging assault, wrongful death, negligence, and a violation of Frazier's rights under the Montana Constitution. The district court entered judgment in favor of Miller, holding that Miller's use of force was justified. The Supreme Court affirmed, holding (1) the district court did not err by refusing to submit a separate constitutional tort theory to the jury; (2) the special verdict form clearly and fairly presented the jury with the ultimate questions of fact; and (3) the district court did not abuse its discretion by failing to record all sidebar discussions of evidentiary objections. View "Estate of Frazier v. Miller" on Justia Law

The Supreme Court affirmed the judgment of the district court denying BNSF Railway Company summary judgment and entering final judgment in favor of Robert Dannels, holding that the Federal Employers' Liability Act (FELA) does not preempt an injured railroad employee's state law bad faith claims.Dannels was employed by BNSF when he suffered a disabling back and spine injury. Dannels sued BNSF under FELA to recover damages, and the jury returned a verdict in Dannels' favor. Dannels subsequently filed claims for bad faith and punitive damages against BNSF. The district court entered final judgment against BNSF. The Supreme Court affirmed, holding that the district court properly determined that the FELA does not preempt a railroad worker's right to seek redress for all bad faith conduct in the adjustment of a claim. View "Dannels v. BNSF" on Justia Law

The Supreme Court affirmed the jury's verdict that Travis Elbert was not negligent when he struck Diane Wenger with his vehicle as she was crossing Main Street in East Helena after dark, holding that the district court did not err or abuse its discretion.Specifically, the Supreme Court held (1) the district court did not abuse its discretion in ruling in limine to limit witness testimony on Montana statutes or on ultimate legal conclusions; (2) publication of Wenger's irrelevant, private health information to the jury was improperly allowed, but Defendant was not entitled to a trial trial on this basis; and (3) any potential error by the district court in prohibiting Wenger from arguing an approved jury instruction in closing was harmless. View "Wenger v. State Farm Mutual Automobile Insurance Co." on Justia Law

The Supreme Court affirmed the ruling of the Workers' Compensation Court that Mont. Code Ann. 39-71-703(2) did not violate Appellant's right to equal protection by denying an impairment award to a worker with a Class 1 impairment who has suffered no wage loss, holding that the statute passes rational basis muster under the Equal Protection Clause of the Montana Constitution.Section 39-71-703(2) allows impairment awards for claimants without actual wage loss only if they have a Class 2 or higher impairment rating. Appellant, who was designated as Class 1 and was denied an impairment award, challenged the statute, arguing that it violated her constitutional right to equal protection because other workers with different injuries but the same whole-person impairment percentage would receive the award. The WCC denied the challenge. The Supreme Court affirmed, holding that the WCC did not err in its determination that section 39-71-703(2) did not violate the Equal Protection Clause. View "Hensley v. Montana State Fund" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court's dismissal of Mark Plakorus's claims against the University of Montana, holding that Plakorus's amended complaint was sufficient to state tort claims for defamation and intentional interference but that the district court properly dismissed the remaining claims.The University employed Plakorus under contract as head coach of the women's soccer team. This case arose from the University's refusal to renew Plakorus's contract after finding on Plakorus's phone records alleged private contacts with Las Vegas escort services. In his complaint, Plakorus claimed that the University unlawfully disclosed confidential information from his personnel file, violated his privacy rights, defamed him, and interfered with his future business prospects. The district court granted the University's motion to dismiss, concluding that Plakorus's tort claims arose from the employment contract and were barred by the one-year statute of limitations under Mont. Code Ann. 18-1-402(2). The Supreme Court reversed in part, holding (1) the district court erred in concluding that the duties underlying all of Plakorus's claims arose solely under the contract, and the state tort claims for defamation and intentional interference survived the State's motion to dismiss; and (2) the district court correctly dismissed the remaining claims as time barred. View "Plakorus v. University of Montana" on Justia Law

The Supreme Court affirmed the judgment of the district court determining that Montana law applied to the wrongful death action brought by Nicole Buckles on behalf of the estate her deceased son, Zachary Scott Buckles, whose death occurred in the State of North Dakota, holding that the district court did not err.Zachary died of exposure to high levels of hydrocarbon vapors while working on Continental Resources, Inc.'s well site located near Alexander, North Dakota. Buckles, acting as personal representative of Zachary's estate, filed a wrongful death action against Continental and other entities in a Montana district court. Two defendants filed a motion for declaration of applicable law requesting that the district court apply North Dakota substantive law to Buckles' claims. The district court denied the motion, determining that Montana law applied. The Supreme Court affirmed, holding that the district court did not clearly err in concluding that although the injury occurred outside of Montana, Montana had the most significant relationship to this litigation. View "Buckles v. BH Flowtest, Inc." on Justia Law

The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint on the ground that his state common-law tort claims for slander and emotional distress were preempted by the federal Civil Reform Act (the Act), holding that the district court prematurely dismissed the case without the factual record needed to determine preemption.While working at the Montana Veterans Administration Health Care System (Montana VA), Plaintiff had consensual sex with fellow employee Tori Marino. Marino reported that Plaintiff had sexually assaulted her and later recanted her allegation. Marino later told Plaintiff that two other employees of the Montana VA who served as a union president and union steward had told her to falsely accuse Plaintiff in order to avoid losing her job. Plaintiff filed a complaint against Marino, the two employees, and the union seeking damages for slander and emotional distress. The union defendants moved to dismiss the complaint, arguing that the Act preempted Dickson's state-law tort claims. The district court agreed, holding that the union defendants' conduct constituted a "prohibited personnel practice," and therefore, the Act preempted Plaintiff's claims. The Supreme Court reversed, holding that the district court erred in concluding on the allegations of Plaintiff's complaint alone that his claims were preempted by the Act. View "Dickson v. Marino" on Justia Law

The Supreme Court affirmed the judgment of the district court in favor of the Billings Clinic on the negligence claim brought by Plaintiffs Nancy Nolan and her husband Thomas Garrity after Nolan slipped and fell on ice and snow near the Clinic's entrance, holding that there was no abuse of discretion.Specifically, the Supreme Court held that the district court did not abuse its discretion when it (1) did not impose further sanctions on the Clinic for its failure to preserve video evidence; (2) admitted a weather report through Garrity, who had no personal knowledge of the report; (3) refused to allow Plaintiffs to introduce evidence of other falls on the Clinic's premises; and (4) refused to give Plaintiffs' proposed jury instruction on a Billings municipal ordinance regarding snow removal without evidence that the Clinic received a citation for violating the Municipal Code. View "Nolan v. Billings Clinic" on Justia Law