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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Hern v. Safeco Insurance Co. of Illinois - 11/29/2005
Submitted on Briefs: May 11, 2005 Safeco Insurance Company of Illinois (Safeco) appeals multiple issues arising out of a civil jury trial held in the Twentieth Judicial District, Lake County. We affirm in part and reverse in...

Culbertson-Froid-Bainville Health Care Corp. v. JP Stevens & Co. Inc. - 10/18/2005
Submitted on Briefs: August 23, 2005 Roosevelt Medical Memorial Center and Nursing Home (Roosevelt) sued JP Stevens & Co. Inc. (Stevens) in connection with an allegedly faulty roof it purchased from Stevens. In response to...

Colmore v. Uninsured Employers' Fund - 9/22/2005
Submitted on Briefs: November 18, 2004 Rupert M. Colmore ("Colmore") appeals from a Judgment of the Workers' Compensation Court concluding that the decedent, Douglas Forgey ("Forgey") was Colmore's employee at the time he died...

Winslow v. Montana Rail Link - 9/6/2005
Submitted on Briefs: June 8, 2004 This case involves claims of negligent management resulting in discharge from employment brought by Gary Winslow (Winslow) against Montana Rail Link, Inc. (MRL), in the First Judicial District...

Shaw v. Allstate Insurance Co. - 8/30/2005
Submitted on Briefs: November 18, 2004 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...

DML - 8/23/2005
Submitted on Briefs: January 11, 2005 Three of the four original Plaintiffs appeal from an order of the Thirteenth Judicial District Court, Yellowstone County, granting Defendants' motion to change venue. We affirm. We...

Eves v. Anaconda-Deer Lodge County - 6/21/2005
Submitted on Briefs: May 11, 2005 Helen Eves, on behalf of her deceased son Zachary Eves Bear Don't Walk (Zachary), appeals from the grant of summary judgment to Anaconda-Deer Lodge County (County). We affirm. We...

Fellenberg v. Transportation Insurance Co. - 4/12/2005
Submitted on Briefs: October 14, 2004 Ruben Fellenberg (Fellenberg) appeals the Workers' Compensation Court's denial of his claim for benefits under the Occupational Disease Act of 1985. We affirm. ISSUES ...

Meyer v. Montana Power Co. - 3/22/2005
Submitted on Briefs: September 11, 2003 The City of Helena (City) appeals the order of the Second Judicial District Court, Silver Bow County, denying its motion for change of venue to Lewis and Clark County. We affirm. ...

Travelers Casualty and Surety Co. v. Ribi Immunochen Research - 3/1/2005
Submitted on Briefs: January 11, 2005 We must determine whether a comprehensive general liability (CGL) policy provides coverage for environmental damage caused by the intentional disposal of hazardous wastes into a landfill...

State v. Webb - 1/25/2005
Submitted on Briefs: January 6, 2004 Charles Webb (Webb) was convicted in the Eighth Judicial District Court, Cascade County, of Sexual Intercourse Without Consent, Second Offense, in violation of § 45-5-503, MCA, a felony....

Rule v. Burlington Northern and Santa Fe Railway Co. - 1/25/2005
Submitted on Briefs: August 25, 2004 In this Federal Employers' Liability Act (FELA) action, the Eighth Judicial District Court, Cascade County, granted the motion of Burlington Northern and Santa Fe Railway Company (BNSF) for...

Collins v. Collins - 12/21/2004
Submitted on Briefs: August 11, 2004 Appellant Lonnie D. Collins (Lonnie) appeals from the Findings of Fact and Conclusions of Law entered by the Thirteenth Judicial District Court, Yellowstone County, awarding marital assets...

State v. Thaut - 12/20/2004
Submitted on Briefs: December 15, 2004 Gary James Thaut ("Thaut") appeals from a supplemental order entered May 3, 2001, in the District Court for the Eleventh Judicial District, Flathead County. Thaut was originally ordered to...

Hardgrove v. Transportation Insurance Co. - 12/1/2004
Heard and Submitted: June 23, 2004 William Hardgrove appeals from the Workers' Compensation Court's determination that § 39-72-403(3), MCA (1983) (repealed 1985), bars his claim for Occupational Disease Act (ODA) benefits, and...

Hand v. Uninsured Employers' Fund - 11/30/2004
Submitted on Briefs: December 9, 2003 Dennis Hand appeals the denial of his claim against the Uninsured Employers' Fund ("UEF") by the Workers' Compensation Court ("WCC"). The WCC concluded that a general release Hand executed...

Renville v. Fredrickson - 11/16/2004
Submitted on Briefs: January 26, 2004 This Court issued its original Opinion in this case on August 31, 2004. See Renville v. Frederickson , 2004 MT 239, 323 Mont. 503, ___ P.3d ___ ( Renville I ). Frederickson filed a Petition...

Siaperas v. Montana State Fund - 9/21/2004
Submitted on Briefs: August 25, 2004 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...

[W] Renville v. Fredrickson - 8/31/2004
Submitted on Briefs: January 6, 2004 Janice Renville (Renville) sued the Estate of Sherlee York Frederickson (Frederickson or the Estate) seeking damages for emotional distress and loss of consortium arising out of the death of...

American Home Assurance Co. v. Bry - 2/27/2004
DECISION AND ORDER REGARDING FURTHER PROCEEDINGS Introduction and Background The Court file in this matter was brought to my attention by my hearing examiner on account of a discovery dispute. After reviewing the file, I...

Thompson v. Montana State Fund - 2/25/2004
DECISION AND ORDER COMPELLING PRODUCTION OF CLAIMS FILES Respondent, Montana State Fund (State Fund), sought discovery of the files of Liberty Northwest Insurance Corporation (Liberty) for workers' compensation claims filed by...

Scozzari v. Montana Schools Group Insurance Authority - 2/17/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on January 29, 2004, in Billings, Montana. Petitioner, Linda Scozzari (claimant), was present and represented by Mr. R. Russell Plath....

Mosca v. American Home Assurance Co. - 2/13/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on January 22, 2004, in Butte, Montana. Petitioner, Michael E.Mosca (claimant), was present and represented by Mr. Robert G. McCarthy....

Adamson v. Pondera County - 2/10/2004
Submitted on Briefs: July 2, 2002 Paul Adamson (Adamson) appeals the judgment entered by the First Judicial District Court, Lewis and Clark County, denying Adamson's petition for judicial review of the decision entered by the...

Harger v. Montana Contractor Compensation Fund - 12/26/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial of this matter was held on October 27, 2003, in Helena, Montana. Petitioner, George Stephen Harger (claimant), was represented by Mr. Paul E. Toennis. Respondent,...

Connell v. State - 12/18/2003
Submitted on Briefs: May 30, 2002 The State of North Dakota appeals the judgment of the Fourth Judicial District Court, Missoula County, denying its motion to intervene. We address the following issues on appeal and...

[T] Copp v. Copp - 12/9/2003
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...

In re Estate of Esterbrook - 11/24/2003
Submitted on Briefs: June 19, 2003 Rocky King appeals from an order of the Fourth Judicial District Court, Missoula County, (1) including the grandparents as parties to future matters involving the conservatorship of her...

Andersen v. Zurich American Insurance Company - 6/26/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on April 11, 2003, in Missoula, Montana. Petitioner, James R. Anderson (claimant), was present and represented by Mr. Howard Toole. Respondent,...

Oens v. Employee Benefits Insurance Company - 6/5/2003
ORDER DENYING MOTION FOR SUMMARY JUDGMENT This matter is before the Court on respondent's motion for summary judgment. Respondent argues the two-year statute of limitations set out at section 27-2-203, MCA, bars claimant's...

In re Dick - 6/2/2003
Submitted: May 20, 2003 DECISION AND ORDER PERMITTING INTERVENTION Summary: Employer seeks to intervene in a death benefits case being defended by its insurer on the basis that the decedent's death did not arise "out of her...

Kapor v. Liberty Mutual Fire Insurance Corporation - 3/14/2003
PARTIAL SUMMARY JUDGMENT Claimant is seeking rehabilitation benefits. Liberty Mutual Fire Insurance Corporation (Liberty) has denied her request based on section 39-71-1006(5), MCA (1995), which provides: (5) To be...

Rockett v. Travelers Insurance Company - 3/13/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter commenced on August 26, 2002, at the offices of Linnell, Newhall, Martin & Schulke, P.C., in Great Falls, Montana, with the testimony of Dr. Patrick...

Miller v. City of Red Lodge - 3/13/2003
Submitted on Briefs: April 18, 2002 Following a dog bite incident, Respondent City of Red Lodge ("City") filed criminal charges against the dog's owner, Appellant Barbara Miller, and obtained an order from Red Lodge City Judge...

Cooper v. Chevron Corp. - 3/5/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary: Claimant suffered a work-related back injury in 1988 and underwent L5-S1 surgery in 1988 and 1990. Thereafter he had no verifiable medical care for his back until 1998....

Maddalena v. Indemnisty Insurance Company of North America - 2/27/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on August 12, 2002, in Helena, Montana. Petitioner, Richard Maddalena (claimant), was present and represented by Mr. Geoffrey C. Angel....

Saari v. Winter Sports - 2/25/2003
Submitted on Briefs: October 10, 2002 The Plaintiffs in the underlying action (collectively, the Saaris) appeal from the judgment entered by the Eleventh Judicial District Court, Flathead County, on its order granting the...

Geery v. Travelers Insurance Company - 2/13/2003
DECISION AND PARTIAL JUDGMENT DISMISSING CLAIM FOR COMPENSATION BENEFITS Travelers previously moved for partial summary judgment dismissing claimant's request for compensation benefits. The motion was based on a settlement...

Plath v. Schonrock - 2/13/2003
Submitted on Briefs: July 2, 2002 District Court Judge Douglas G. Harkin, sitting for Justice Patricia O. Cotter, delivered the Opinion of the Court. The Plaintiffs, Don Plath and Debby Plath, brought this action in the...

Markovich v. Helmsman Management Services - 1/31/2003
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held in Billings on October 17, 2002. Petitioner, Nicholas Markovich (claimant), was present and represented by Mr. Paul E. Toennis. Respondent,...

Boster v. Liberty Mutual Fire Insurance Company - 12/19/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on two days. The first day of trial was on December 17, 2001, in Missoula, Montana, where the testimony of Dr. Martin D. Cheatle was heard. On...

Hand v. Royal Insurance Company of America - 12/19/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on June 28, 2002, in Helena, Montana. Petitioner, Pamela Ann Hand (claimant), was present and represented herself. Respondent, Royal Insurance...

Payne v. Eighth Judicial District Court - 12/17/2002
Petitioner Darlene Payne seeks a writ of supervisory control over the Respondents, the District Court for the Eighth Judicial District in Cascade County, the Honorable Kenneth Neill, Jim Knutson, and Dutch Knutson. In...

Madrid v. Fifth Judicial District Court - 12/11/2002
OPINION and ORDER Petitioner, Julio Madrid (Madrid), by counsel, has filed an Application for Writ of Supervisory Control. Zenchiku Land and Livestock (Zenchiku), by counsel, has filed a Response. Madrid asks this Court to...

Rausch v. State Compensation Insurance Fund - 9/5/2002
Submitted on Briefs: December 13, 2001 Appellants, Alexis Rausch (as conservator for Kevin Rausch), Charles Fisch, and Thomas Frost, each filed separate petitions in Workers' Compensation Court claiming entitlement to immediate...

State Farm Mutual Automobile Insurance Company v. Ferrin - 9/5/2002
Submitted on Briefs: April 4, 2002 Farrel Ferrin, individually and as parent and guardian of his son, Alan Ferrin, appeals from the First Judicial District Court's denial of his motion for summary judgment and its grant of...

Hand v. Uninsured Employers' Fund - 8/28/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on March 6, 2002, in Helena, Montana. Petitioner, Dennis Hand (claimant), was present and represented by Mr. Tom L. Lewis. Respondent,...

Siaperas v. Montana State Fund - 8/20/2002
ORDER DENYING ATTORNEY FEES AND PENALTY Petitioner (claimant) is seeking attorney fees and a penalty with respect to an impairment award the Montana State Fund agreed to pay him after a conference call in which this Court...

Molina v. Panco Construction - 6/20/2002
Submitted on Briefs: April 11, 2002 Fermin Molina (Molina) appeals an order of the District Court for the Thirteenth Judicial District, Yellowstone County, granting Panco Construction, Inc.'s Motion for Summary Judgment on...

Glendive Medical Center - 6/18/2002
Submitted on Briefs: September 6, 2001 Glendive Medical Center, Inc. (GMC), appeals from an order of the Montana Seventh Judicial District, Dawson County, affirming the Findings of Fact and Conclusions of Law of the Board of...

Wilson v. Ace American Insurance Group - 6/7/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on January 22, 2002, in Helena, Montana. Petitioner, Kathy D. Wilson (claimant), was present and represented by Mr. Norman H. Grosfield. Ace...

Albinger v. Harris - 6/6/2002
Submitted on Briefs: December 29, 2000 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...

Bergman v. Valor Insurance Company - 6/3/2002
DECISION AND JUDGMENT Summary: Claimant suffered a back injury in 1998. His resulting impairment was 15% and he settled his claim for further benefits. Subsequently, on March 21, 2000, he suffered an aggravation of his...

Polk v. Planet Insurance Company - 5/31/2002
AMENDED ORDER ON APPEAL This Court previously entered its Order on Appeal, reversing the Department's 20% reduction of benefits and its award of attorney fees. Following entry of the Order, Planet Insurance Company (Planet)...

Burtell v. State Compensation Insurnace Fund - 3/18/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary: Claimant's temporary total disability (TTD) benefits were terminated in 1994. For the next five years she did not seek medical care and worked part time only for a few...

Whitlock v. Fremont Industrial Indemnity Company - 2/26/2002
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary: Claimant was involved in three incidents involving her lifting of 16 gallon beer kegs. In the first and second incidents, she felt a sting between her neck and right...

Lund v. St. Paul Fire & Marine Insurance Co. - 2/11/2002
DISCOVERY ORDER FOLLOWING IN CAMERA REVIEW Kathy A. Burnside Lund (claimant) injured her head and neck on September 1, 1998, while working for The Industrial Company (Industrial) at the Stillwater Mine in Nye, Montana. The...

Alpine Buffalo - 12/28/2001
APPEAL FROM: District Court of the Sixth Judicial District, In and for the County of Park, The Honorable Nels Swandal, Judge presiding. Submitted on Briefs: October 26, 2000 Lisa Andersen (Andersen) appeals from...

Winslow v. Montana Rail Link - 12/18/2001
OPINION AND ORDER Gary Winslow has petitioned this Court for a writ of supervisory control. He seeks to have this Court reverse a District Court ruling requiring that he submit to a psychiatric evaluation pursuant to Rule 35,...

State v. Placzkiewicz - 12/11/2001
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John Larson, Judge presiding. COUNSEL OF RECORD: Submitted on Briefs: April 5, 2001 Alan M. Placzkiewicz...

Lund v. St. Paul Fire & Marine Insurance Company - 12/6/2001
ORDER REGARDING DISCOVERY MOTIONS Summary: Parties filed cross-motions to compel discovery. In addition, respondent sought a protective order while claimant sought attorney fees. The discovery sought by claimant is employer...

Galetti v. Montana Power Company - 12/5/2001
SUMMARY AND FINAL JUDGMENT Summary: Claimant was injured in 1983 while working for Montana Power Company (MPC), which was self-insured. MPC accepted liability and paid benefits, however, at the time of the injury the...

Kauffman-Harmon v. Kauffman - 12/3/2001
APPEAL FROM: District Court of the Eleventh Judicial District, In and for the County of Flathead, The Honorable Ted O. Lympus, Judge presiding. Submitted on Briefs: March 7, 2001 Elizabeth Kauffman-Harmon and Rebecca...

Calcaterra v. Montana Resources - 9/20/2001
APPEAL FROM: District Court of the Second Judicial District, In and for the County of Silver Bow, Honorable John W. Whelan, Judge Presiding Submitted on Briefs: March 1, 2001 Karen Calcaterra (Karen) filed a Rule...

Key v. Liberty Northwest Insurance - 9/13/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary: Claimant fell and strained his low back while at work. Several weeks later he developed right hip pain and his treating physician opined that his fall had made an...

Hiett v. Montana Schools Group Insurance Authority - 9/6/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on April 11, 2001, in Missoula, Montana. Petitioner, Eula Mae Hiett (claimant), was present and represented by Ms. Sydney E. McKenna....

Messitte v. Liberty Mutual Fire Insurance Company - 8/31/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary: During the summer of 1991, claimant worked as a waitress in the coffee shop at Lake McDonald Lodge in Glacier Park. She developed pain in her upper and middle back,...

Butterfield v. Sidney Public School - 8/30/2001
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Richland, The Honorable Richard G. Phillips, Judge presiding. Submitted on Briefs: May 17, 2001 The Appellant, Robert W. Butterfield,...

Munroe v. Montana Electric & Telephone Pool - 8/16/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT The trial in this matter was held on March 27, 2001, in Great Falls, Montana. Petitioner, Alexis Munroe (claimant), was present and represented by Mr. William O. Bronson....

Stephenson v. Cigna Insurance Company - 3/29/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Summary of Case: Claimant injured his back in 1987 while employed by ARCO. He lostthree weeks of work and worked for ARCO for another eight and one-half years, then waslaid off on...

Arnoux v. JTL Group - 3/6/2001
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding. Submitted on Briefs: February 1, 2001 Pursuant to Section I, Paragraph...

Stacks v. Travelers Property Casualty - 3/1/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT Claimant, Ronnie Stacks (Stacks), filed a petition for hearing against both Travelers Property Casualty (Travelers) and the State Compensation Insurance Fund following a fall at...

McAlpine v. Rhone-Poulenc AG Co. - 12/28/2000
APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Toole, The Honorable John R. Christensen, Judge presiding. Submitted on Briefs: September 9, 1999 1 Plaintiffs Thomas and Ruby McAlpine...

Maney v. Louisiana Pacific Corp. - 12/28/2000
APPEAL FROM: District Court of the Eighteenth Judicial District, In and for the County of Gallatin, The Honorable Thomas A. Olson, Judge presiding. Argued: June 8, 2000 Submitted: July 19, 2000 Karen A. Maney (Maney)...

Sleath v. West Mont Home Health Services - 12/28/2000
Heard: January 11, 2000 Submitted: February 15, 2000 1 Appellants Libby Sleath, Mary Ann Hayes, Glenda Truesdell, and Mary Owen brought this personal injury action against Respondents West Mont Home Health Services, Inc....

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