Justia Montana Supreme Court Opinion Summaries

While attending Wolf Point High School, Dalton Gourneau committed suicide in his home. Roxanne Gourneau, acting individually and on behalf of Dalton, filed a complaint against Wolf Point, the State, and the District Superintendent, alleging that Dalton's death was the direct and proximate result of Wolf Point's negligence. The district court granted summary judgment in favor of Wolf Point. The Supreme Court affirmed, holding that the record did not substantiate Roxanne's speculation that Wolf Point reasonably should have known Dalton's state of mind or that its conduct created a reasonable possibility of harm, and thus, Wolf Point owed no legal duty because Dalton's suicide was unforeseeable by Wolf Point. View "Gourneau v. Wolf Point Sch. Bd." on Justia Law

Terry Willis purchased a tract of property with funds that were apparently the proceeds from illegal drug sales. After Willis failed to make a payment, David Ferterrer contributed approximately half of the late payment. Willis was later sentenced to life imprisonment for drug-related crimes, which left him unable to pay for the property as the contract for deed contemplated. The parties agreed that Ferterrer would be responsible for completing the payments to purchase the property. Ferterrer also removed funds from Willis's checking account to prevent federal authorities from seizing those funds. Armed with a notarized agreement allegedly from Willis to sell the property to Ferterrer (the Deed), Ferterrer obtained a loan to purchase the property. Willis subsequently filed an action challenging Ferterrer's ownership of the property, also alleging that Ferterrer had converted the funds from Willis's bank account. The district court affirmed the validity of the Deed and concluded that Fertterer had not converted any funds belonging to Willis. The Supreme Court affirmed, holding (1) substantial evidence supported the district court's findings of fact; and (2) the district court properly determined that Willis failed to prove that Fertterer had converted funds from Willis's bank account. View "Willis v. Fertterer" on Justia Law

Keith Davies was run over by a tractor-trailer driven by Paul Tychsen, who worked for Dick Irvin, Inc. Davies, who worked for Great Falls Sand and Gravel (GFSG), was directing traffic when the truck struck him. The incident occurred during a project to construct a Flying J Travel Plaza. GFSG subcontracted for the road work and submitted a traffic control plan to the State, which approved of the plan. Davies filed a negligence action against Irvin. Irvin filed a third-party complaint seeking contribution from the State, alleging that the State negligently approved the traffic control plan. Irvin subsequently settled Davies' claims. In regard to Irvin's third-party claims against the State, the district court entered summary judgment in favor of the State, concluding that the State did not owe any duty to Irvin or Davies. The Supreme Court affirmed, holding that the State had no statutory or common law duty to Irvin or Davies. View "Dick Irvin, Inc. v. State" on Justia Law

In 1997, Plaintiff purchased a historical building that was the largest apartment house between St. Paul and Spokane when it was built in 1916. In 2013, Plaintiffs filed a lawsuit against various defendants, including the Atlantic Richfield Company (ARCO). ARCO purchased a copper mining company (ACM) in 1977, including all of ACM's liabilities. These liabilities included claims for property damage caused by mining-related surface subsidence. Plaintiffs alleged that mining-related subsidence had caused the current damage to the building. A jury found in favor of ARCO. Plaintiffs moved for judgment as a matter of law and for a new trial, which the district court denied. The Supreme Court affirmed, holding that the district court (1) correctly denied Plaintiffs' motion for judgment as a matter of law, as ARCO produced sufficient evidence to cast doubt in a juror's mind as to whether mining-related subsidence actually caused the damage alleged by Plaintiffs; and (2) correctly denied Plaintiffs' motion for a new trial, as substantial credible evidence supported the jury's verdict. View "Barile v. Butte High Sch." on Justia Law

The State appealed a jury verdict that awarded damages to L. Fred Weaver, Joan Weaver and Vicki Weaver. The Weavers had sued the State over negligent fire containment procedures on their real property. The State argued on appeal to the Supreme Court: (1) whether the trial court erred in denying its motion to dismiss the Weavers' negligence claim; (2) whether the trial court did not allow the State to assert a "public duty doctrine" defense; (3) whether the trial court erred by allowing the jury to find the state negligent without expert testimony to establish the standard of care; and (4) whether the trial court abused its discretion by denying the State's motion to change venue. Finding no errors or abuse of discretion, the Supreme Court affirmed. View "Weaver v. DNRC" on Justia Law

Jeremiah Bennett, the adult son of Abel and Judy Bennett, died as a result of injuries sustained in a motor vehicle accident. Jeremiah died intestate and was survived by two minor children. The district court appointed Sabrina Bennett, Jeremiah's former wife, as the personal representative of Jeremiah's estate. Sabrina subsequently petitioned the district court for a declaration that Abel and Judy (the Bennetts) had no standing to claim wrongful death damages as a result of Jeremiah's death. The district court concluded that Jeremiah's children were the sole heirs of the estate and therefore had priority over any wrongful death and survivorship claims. The Bennetts petitioned the Supreme Court for supervisory control. The Court accepted the petition and vacated the portion of the district court's order holding that the Bennetts could not recover wrongful death claims as a matter of law, holding that the Bennetts were entitled to recover wrongful death damage as Jeremiah's parents and survivors. Remanded. View "In re Estate of Bennett" on Justia Law

Whitney Schwan died in an automobile accident after Travis Turner, the driver, lost control of the vehicle. Whitney's parents sued Travis's estate and his parents (the Turners). The Turners had a homeowners policy with State Farm Fire and Casualty Company (State Farm). State Farm filed an action seeking a declaration that it owed no duty to defend or indemnify the Turners under the homeowners policy. Meanwhile, a mediation concluded with a settlement that included assignment of all of the Turners' rights and claims under the homeowners' policy to the Schwans, and the Schwans replaced the Turners in the declaratory action. The district court granted summary judgment to the Schwans on its counterclaim that State Farm had breached its duty to defend the Turners by not retaining separate counsel for the Turners in the underlying action. The Supreme Court reversed, holding that the district court erred by concluding that State Farm had breached its duty to defend under the policy, as State Farm did ensure a full defense was provided to the Turners even though its decisions regarding counsel did not include hiring additional counsel. View "State Farm Fire & Cas. Co. v. Schwan" on Justia Law

Leonard Landa was the sole managing member of a Montana limited liability corporation. Landa carried commercial general liability insurance through Assurance. After a former employee of Landa's filed a complaint alleging that Landa had committed various torts by inducing him to work for Landa under allegedly false pretenses, Landa tendered defense of the former employee's claim to Assurance. Assurance refused to defend Landa, stating that the complaint's allegations were not covered under Landa's policy. Landa filed a complaint seeking declaratory relief establishing that Assurance had a duty to defend and indemnify Landa and alleging violations of Montana's Unfair Trade Practices Act (UTPA), negligence, and other causes of action. The district court granted summary judgment for Assurance, finding that the complaint's allegations were not covered under Landa's policy and that Assurance was not liable under the UTPA because the denial of coverage was grounded on a legal conclusion. The Supreme Court affirmed, holding that Assurance correctly declined to provide a defense where the former employee's complaint did not allege an "occurrence" and, as a result, did not trigger a duty to defend under the policy. View "Landa v. Assurance Co. of Am." on Justia Law

Plaintiff was a patron at the Crystal Bar when she was hit on the head by Jason Howard, a friend of the bouncer, causing him to fall and strike his head. Plaintiff filed a complaint against the Crystal Bar, alleging, among other claims, negligence and liquor shop liability, or a "dram shop" claim. The district court entered summary judgment for the Crystal Bar on Plaintiff's negligence and dram shop claim, holding (1) there was no interaction between Plaintiff and Howard that should have alerted Crystal Bar employees that Howard posed any danger to plaintiff, and (2) it was uncontested that Howard was not intoxicated and had not been served at the Crystal Bar. The Supreme Court (1) affirmed the district court's grant of summary judgment to the Crystal Bar on Plaintiff's dram shop claim, as there was no evidence Howard was served alcohol by the Crystal Bar prior to the altercation; but (2) reversed the district court's grant of summary judgment on Plaintiff's negligence claims, as genuine issues of material fact existed as to whether the Crystal Bar had knowledge of the conflict between Plaintiff and Howard and whether Crystal Bar satisfied its duty of reasonable care under the circumstances. Remanded. View "Harrington v. Crystal Bar, Inc." on Justia Law

A plane owned by Metro Aviation crashed in Montana, killing two passengers. Metro filed suit under against the United States in a U.S. district court in Montana, alleging negligence by FAA air traffic controllers. Metro asserted alternative claims of indemnity and contribution seeking to recover settlement amounts paid by Metro to the passengers' estates. The case was subsequently transferred to a U.S. district court in Utah. The United States moved for partial summary judgment on Metro's indemnity and contribution claims, asserting that under Utah and Montana law, the claims were barred. The federal Utah court concluded that Montana law applied but that the law in this area was unsettled. The Montana Supreme Court accepted the court's certified questions about these questions of law and answered, (1) Metro could not seek contribution from the United States with respect to the estate of one passenger, whose claim was settled without any litigation having been filed; (2) Metro could not seek contribution from the United States with respect to the estate of the second passenger because Metro settled with the estate prior to trial without joining the United States as a party; and (3) Metro was not entitled to indemnity from the United States. View "Metro Aviation, Inc. v. United States" on Justia Law