Posted in News on September 10, 2021
We are all familiar with the Ridley case which requires insurers to advance pay in situations where liability is reasonably clear. Ridley explicitly covered the advance payment of medical bills. Subsequently, in Dubray, the rule was clarified to include lost wages. In Shilhanek, and most recently in High Country Paving, the Montana Supreme Court further… read more
Agree or Disagree: My Favorite Way to Depose and Cross-Examine Professional Expert WitnessesPosted in News on September 10, 2021
We’ve all dealt with the slick, polished professional witness with a CV a mile long who looks the part of the university professor just there to help “shed light on things” for the jury. The professional witness has mastered the skill every politician learns—no matter the question, give the answer you want to give. Of… read more
Multiple Defendants and Joint Liability- Applying § 27-1-703 MCAPosted in News on September 10, 2021
by John Heenan and Joe Cook Mont. Code Ann. § 27-1-703 is the statute addressing multiple defendants. It is frequently invoked by defendants to utilize the “empty chair” defense against settled or judgment-proof defendants and, consequently, we often find ourselves having it used as a sword by the other side. But did you know the… read more
Traumatic Brain Injuries & Bull RidersPosted in News on September 1, 2021
Bull riding is an incredibly popular activity in various areas throughout this country, including the state of Montana. However, this sport can also lead to those involved sustaining severe injuries. One of the most devastating types of injuries that can happen to a bull rider is a traumatic brain injury (TBI). These injuries can lead… read more
Traumatic Brain Injuries & Auto AccidentsPosted in News on September 1, 2021
Traumatic brain injuries can leave victims suffering from long-lasting or permanent disabilities. These injuries can completely alter a person’s ability to enjoy their day-to-day life. Unfortunately, vehicle accidents regularly lead to those involved sustaining traumatic brain injuries, along with other types of injuries that the victim may have to contend with. Here, we want to… read more
Largest Medical Malpractice Verdict in MontanaPosted in News on August 9, 2021
Instances of medical malpractice can leave patients with devastating lifelong injuries. These injuries can cause serious handicaps that upend a patient, and many times their families lives. Jaimi Espy of Miles City unfortunately was a victim of medical malpractice in Montana. In 2006, Jaimi had an artificial lens implanted in her eye to correct nearsightedness… read more
Are Distracted Drivers Negligent?Posted in News on July 28, 2021
Drivers can face all sorts of distractions when they are behind the wheel. In fact, when a driver is distracted while driving, the consequences can be just as bad as driving while impaired by alcohol or drugs. Is Operating a Vehicle While Distracted Considered Negligent Behavior? While this answer may seem straightforward, we need to… read more
Am I Required to Wear a Seat Belt in Montana?Posted in News on July 28, 2021
Seat belts save lives. Study after study from various safety agencies has proven this. However, there are no uniform seat belt laws across the United States. Each state is allowed to set its own rules when it comes to how they handle enforcement of seat belt usage. Here, we want to discuss whether or not… read more
What to Do When Driving Next to a Truck?Posted in News on June 29, 2021
When you operate a vehicle on the roadway, you want to make sure you take every step necessary to remain safe for those inside your vehicle as well as others on the road around you. One of the scariest aspects of driving is operating near a large commercial truck. Even though the vast majority of… read more
How Do You Prove Pain & Suffering Damages in Montana?Posted in News on May 24, 2021
Anytime a person sustains an injury caused by the careless or negligent actions of another individual, business, or entity, they will likely be able to recover compensation for their losses from the accident. This includes coverage of economic expenses such as medical bills and lost wages as well as non-economic expenses like pain and suffering… read more