Justia Montana Supreme Court Opinion Summaries

Plaintiff fell at a Shopko store and was injured. Plaintiff filed suit, alleging that Shopko failed to maintain its premises in a reasonably safe condition. During the discovery process, Plaintiff requested recorded video footage taken on the day of her fall. Shopko’s attorney replied that the footage had been accidentally recorded over. Plaintiff filed a motion for sanctions based on Shopko’s spoliation of the video footage and included in her brief a list of facts she believed the video would have shown. In its response brief, Shopko pointed out that it agreed with most of Plaintiff’s contentions about what the video would have shown and then noted that it disagreed with Plaintiff’s other contentions about what the video showed. During trial, Plaintiff requested that the statements in Shopko’s response brief be read to the jury. The district court denied the request, concluding that the statements were not judicial admissions. Later in the trial, the district court allowed Shopko to present evidence contradicting the admissions. The Supreme Court reversed and remanded for a new trial, holding that the district court abused its discretion when it determined the circumstances did not warrant holding Shopko’s statements to be judicial admissions. View "Bilesky v. Shopko" on Justia Law

Calvin Stucky was injured in a motor vehicle accident. Calvin’s child, Sadee, was eighteen years old at the time of the accident. Sadee claimed damages for loss of parental services, society, or consortium, among other claims. Defendant-insurer moved for summary judgment with respect to Sadee’s loss of consortium claim, arguing that Montana law does not recognize a claim for loss of consortium by the adult child of an injured parent. The federal court, which had diversity jurisdiction, certified the matter to the Supreme Court. The Supreme Court accepted the certified questions of law and answered (1) Montana law recognizes a claim for loss of consortium by the adult child of an injured parent; and (2) to assert such a claim, the plaintiff must show that a third party tortiously caused the parent to suffer a serious, permanent, and disabling injury compensable under Montana law, and that the parent’s ultimate condition of impairment is so overwhelming and severe that it has caused the parent-child relationship to be destroyed or nearly destroyed. View "N. Pac. Ins. Co. v. Stucky" on Justia Law

Thirteen-year-old M.S. was placed into emergency protective custody in 2011. After M.S. was adjudicated a youth in need of care, the Department of Public Health and Human Services filed a petition for termination of Father's rights. Because Father was an enrolled member of the Northern Cheyenne Tribe (Tribe), M.S. was eligible for enrollment with the Tribe and, under Indian Child Welfare Act, M.S. was an Indian child. After a hearing in 2013, the district court ordered Father’s parental rights terminated. The Supreme Court affirmed, holding that the termination proceedings complied with statutory requirements for proceedings involving an Indian child. View "In re M.S." on Justia Law

Defendant pleaded not guilty to driving under the influence of alcohol, obstructing a peace officer, and driving while license suspended. Defendant filed two motions to dismiss for lack of a speedy trial, contending that the City had not diligently prosecuted the case. The municipal court denied both motions, concluding that Defendant’s conduct had caused the delay. After a jury trial, Defendant was found guilty of obstructing a police officer and driving while license suspended. The district court affirmed the municipal court’s orders. The Supreme Court affirmed, holding that the municipal court did not err in denying Defendant’s motions to dismiss, as Defendant’s rights to a speedy trial were not violated. View "City of Kalispell v. Gabbert" on Justia Law

The Northland Royalty Corporation purchased mineral rights from the personal representative of two estates and subsequently brought a quiet title action naming certain beneficiaries (“Devisees”) as defendants. The district court quieted title in favor of Devisees, but the Supreme Court remanded to consider the applicability of Mont. Code Ann. 72-3-618. On remand, Northland moved for summary judgment, arguing that section 72-3-618 offered Northland protection against Devisees’ claims to the minerals. The district court denied summary judgment on the basis that Northland failed to act in good faith as required by the statute. The Supreme Court reversed the district court’s order denying summary judgment and remanded for entry of judgment in Northland’s favor, holding that section 72-3-618 protected Northland’s purchase. View "Northland Royalty Corp. v. Engel" on Justia Law

In 2013, the district court entered a decree of dissolution dissolving the marriage of Wife and Husband. The district court incorporated a property settlement agreement as part of the decree. Approximately one year later, Wife sought relief from the final decree, claiming that the property settlement was unconscionable and that the district court should modify the dissolution decree. The district court denied Wife’s request, finding that there was no basis in fact or law to re-open and modify the decree. The Supreme Court affirmed, holding that Wife did not present any substantial reason that her agreement to the settlement should be overturned or that the dissolution decree should be modified. View "In re Marriage of Tanascu" on Justia Law

Defendant was charged with misdemeanor DUI in city court. After the prosecution discovered Defendant had three prior DUIs, the city court transferred the case to the district court but failed to dismiss the misdemeanor. Thereafter, Defendant moved to dismiss on the basis that the misdemeanor was not brought to trial within six months of arraignment. The city court denied Defendant’s motion, concluding that there was no speedy trial violation because the case had been transferred to the district court. The State subsequently charged Defendant with felony DUI, and the city court dismissed the misdemeanor charge. Defendant argued that the city court erred when it denied his motion to dismiss. The district court agreed that the prosecution failed to follow the proper procedure when it transferred the case from city court to district court but concluded that the procedural flaw did not affect Defendant’s rights. The Supreme Court affirmed but on different grounds, holding that Defendant suffered no violation of his right to a trial within six months of arraignment because he moved for a postponement of the original trial date. View "State v. Christensen" on Justia Law

The paternal grandmother (Grandmother) of two minor children petitioned the district court for grandparent-grandchild contact. After a hearing, the district court granted Grandmother weekly phone contact, occasional weekend visits in Billings, Montana, and two weeks during the summer at Grandmother’s home in Washington. The natural mother of the children (Mother) appealed. The Supreme Court affirmed the order of the district court with the exception of the provisions regarding extended visits in Washington state, holding that the district court correctly interpreted and applied the grandparent-grandchild contact statute, with the exception of the out-of-state visitation provisions adopted over Mother’s objections. View "Gardner v. Gardner" on Justia Law