Justia Montana Supreme Court Opinion Summaries

Cody McDonald was injured while working on the construction of a building. RTK Construction, Inc. hired Ponderosa Enterprises Inc. to frame the building, and Ponderosa hired McDonald as an independent contractor to assist with the framing. McDonald brought suit against Ponderosa and RTK, alleging, inter alia, negligence and violation of the Montana Occupational Safety and Health Act (MOSHA). The district court granted partial summary judgment on the MOSHA claims, concluding that because McDonald was an independent contractor at the time of his injury, Ponderosa and RTK did not owe him any duties of safety under MOSHA. RTK was subsequently dismissed from the case, and a jury found that Ponderosa was not negligent. The Supreme Court affirmed, holding that MOSHA does not create a duty for employers to meet certain safety guidelines with respect to independent contractors. View "McDonald v. Ponderosa Enters., Inc." on Justia Law

This action involved a dispute arising from the construction of a large house. Interstate Mechanical, Inc. initiated an arbitration action to recover payments it claimed as a result of its work on the house project. Abbey/Land LLC and Glacier Construction Partners LLC (collectively, Plaintiffs) then filed suit against Interstate in Montana District Court in Flathead County. Thereafter, Glacier asserted counterclaims in the Interstate arbitration proceeding and obtained a positive arbitration award against Interstate. Abbey/Land subsequently filed an amended complaint dismissing Glacier as a plaintiff and naming it as a defendant. Glacier tendered the Abbey/Land claims to its insurer, James River Insurance Company. James River refused to provide defense or indemnity. Glacier and Abbey/Land settled the Flathead County action as between themselves. James River moved to intervene in the Flathead County action to challenge the reasonableness of the confessed judgment against Glacier. Meanwhile, Abbey/Land and Glacier entered settlements with all other parties. The district court never ruled on James River’s motion to intervene and entered final judgment against Glacier. The Supreme Court reversed, holding that the district court erred in entering judgment without considering either its motion to intervene or the reasonableness of the confessed judgment. View "Abbey/Land LLC v. Interstate Mechanical, Inc." on Justia Law

During a highway paving project a storm caused recently applied primer to emulsify in rainwater. The oil splashed onto passing vehicles, causing damage. The vehicle owners brought claims against the State, which the State paid. A.M. Welles, Inc. (Welles), the general contractor on the job, reimbursed the State for what it paid to the vehicle owners. The State then sued Liberty Mutual Fire Insurance Co. (Liberty), the insurer for the job, seeking indemnification for the costs that Welles did not cover. Welles, in turn, sued the subcontractors for the project, Montana Materials, Inc., RSJ, Inc., and GLJ, Inc. (collectively, “Jensen”), seeking indemnification under the subcontract. The district court granted summary judgment for Jensen on Welles’s indemnification claim and dismissed the State’s action against Liberty for failure to prosecute. The Supreme Court vacated and remanded, holding that the district court (1) erred in denying Welles’s motion for summary judgment, as Welles was entitled to indemnification under the subcontract; and (2) abused its discretion by dismissing the State’s action against Liberty for failure to prosecute. Remanded. View "A.M. Welles, Inc. v. Mont. Materials, Inc." on Justia Law

In 1988, Defendant pled guilty to sexual intercourse without consent and was sentenced to thirty years imprisonment with ten years suspended. In 1992, Defendant escaped from prison. After he was apprehended, he was convicted with escape and other charges. In 2007, Defendant was discharged to serve the suspended portion of his sentence. In 2011, the district court orally found that Defendant had substantially violated the conditions of his parole. The court then imposed a new sentence of ten years with all time suspended and imposed fourteen new conditions to Defendant’s suspended sentence. Thereafter, the district court revoked Defendant’s suspended sentence, sentenced Defendant to ten years imprisonment with five years suspended, and reimposed the fourteen new conditions on his suspended sentence. The Supreme Court affirmed, holding that the imposition of fourteen new conditions on Defendant’s suspended sentence for his 1988 crime did not violate ex post facto principles. Remanded. View "State v. Piller" 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

Sudan Drilling, Inc. filed a complaint against Glen and Clarice Anacker seeking to foreclose on a construction lien. The district court granted summary judgment for the Anackers and directed the county clerk and recorder to remove Sudan’s lien from the public record. The Anackers recorded the judgment with the clerk and record’s office. The Supreme Court reversed and remanded, holding that genuine issues of material fact precluded summary judgment. On remand, the Anackers filed a motion for summary judgment, arguing that the lien was unenforceable because the recording of the district court’s prior judgment effectively discharged and released the lien, even though the Supreme Court reversed the judgment on appeal. The district court once again granted summary judgment for the Anackers. The Supreme Court reversed, holding that the recording of the previous judgment did not discharge Sudan’s construction lien or render Sudan’s claims moot. View "Sudan Drillings Inc. v. Anacker" on Justia Law

Morrison-Maierle, Inc. (MMI) was hired by two counties to provide engineering services and supervision on a road improvement contract. The counties retained JEM Contracting, Inc. (JEM) to provide the construction services on the project. JEM filed suit against MMI alleging detrimental reliance and fraudulent inducement for promises MMI allegedly made during the job that JEM would be paid for unanticipated costs incurred during pulverization of the old road. The district court granted summary judgment for MMI, concluding that JEM could not prove it had been harmed by MMI’s alleged representations. The Supreme Court affirmed, holding that the district court did not err by (1) concluding that JEM was required to continue performance pending approval of a change order under a certain contract provision, as the provision was not void as against public policy; and (2) granting summary judgment to MMI on the ground that JEM failed to show it was harmed by the representations made by MMI. View "JEM Contracting, Inc. v. Morrison-Maierle, Inc." on Justia Law

The Leonards entered into contracts with Centennial for the sale of a log home kit and construction of a custom log home. The Leonards later released Centennial from any claims for damages for defective construction or warranty arising out of the home's construction. Greg and Elvira Johnston held a thirty-six percent interest in the property at the time the release was signed. Eventually, all interest in the property was transferred to the Elvira Johnston Trust. A few years later, because of a number of construction defects affecting the structural integrity of the house, the Johnstons decided to demolish the house. The Johnstons sued Centennnial for negligent construction, breach of statutory and implied warranties, and other causes of action. The district court granted summary judgment for Centennial, finding that the Johnstons' claims were time-barred and were waived by the Leonards' release. The Supreme Court (1) reversed the court's ruling that the Johnstons' claims were time-barred and directed that the decision on remand apply only to the interest owned by the Johnstons at the time the release was executed; and (2) affirmed the district court's conclusion that the release was binding on the Leonards' sixty-four percent interest, later transferred to the Trust. View "Johnston v. Centennial Log Homes & Furnishings, Inc." on Justia Law

This case arose out of several business transactions entered into by parties involved in the development of condominiums on Hauser Lake. Cherrad, Merritt & Marie, and Max & V (the Hale interests) were limited liability companies owned by Conrad and Cheryl Hale. Craig Kinnaman was sole proprietor of a business called CK Design. Merritt & Marie purchased the Hauser Lake property. Subsequently, the Hales and Kinnaman agreed to develop a portion of the property. Cherrad was the developer, and Mountain West Bank (MWB) made three loans to Cherrad to develop the project. CK Design suffered delays in the project and later left the project. In 2007, Kinnaman committed suicide, and the Estate recorded a $3.3 million construction lien on the condominiums. MWB brought this action 2008 against the Hale interests and the Estate seeking foreclosure on the three secured loans. The Hale interests and the Estate cross-claimed against each other. The district court (1) declared the Estate's construction lien invalid; and (2) determined Cherrad owed the Estate $76,278 for work that CK Design performed on the project. Finding no error, the Supreme Court affirmed. View "Mountain West Bank, N.A. v. Cherrad, LLC" on Justia Law

This appeal stemmed from a construction contract dispute between Total Industrial Plant Services, Inc. (TIPS) and Turner Industries Group, LLC (Turner). Fidelity and Deposit Company of Maryland (Fidelity) was the surety for Turner's substitution bond filed in lieu of TIPS's construction lien. TIPS filed a complaint against Turner and Fidelity, alleging various causes of action. The trial court granted TIPS's motion for partial summary judgment and ordered Turner to return the retainage it had withheld. After a trial, the district court found in favor of Defendants and dismissed TIPS's remaining claims. The Supreme Court affirmed in part and reversed in part, holding that the district court did not err by (1) denying TIPS's claim for additional compensation under a theory of either quantum meruit or breach of contract; (2) failing to find that TIPS was the prevailing party and awarding costs and fees to Turner; (3) finding TIPS's construction lien was barred by the ninety-day statute of limitations; (4) granting partial summary judgment to TIPS and ordering Turner to return the retainage; and (5) dismissing Turner's bill of costs for being untimely. The Court, however, found the district court erred by denying TIPS prejudgment interest on the retainage. Remanded. View "Total Indust. Plant Servs. v. Turner Indust. Group, LLC" on Justia Law