Montana Injury Law Blog

A jury has awarded a former Burlington Northern Santa Fe railroad conductor $1.6 million after he slipped and injured his back at a rail yard in Whitefish.

The jury determined Thursday night after a four-day trial that BNSF was 85 percent to blame for the early 2006 accident while conductor Patrick Cheff was 15 percent to blame.

Montana Injury Attorney Terry Trieweiler said that his client was injured because he slipped and fell while entering a locker room.

A Missoula, Montana jury awarded $3.2 million to Peggy L. Stevens who was suing Novartis Pharmaceuticals, alleging that they should have disclosed health risks associated with the bone-strengthening drug called Zometa.

Stevens claims that the company knew patients taking Zometa were at risk to develop a degenerative jaw disorder called osteonecrosis which can result in pain, loosening of teeth, exposed bone and infection.

The jury awarded Stevens $822,000 in lost income with the rest of the award intended to compensate Stevens for pain, emotional suffering and alteration to her normal course of life.

Terry Trieweiler, the Montana Injury Attorney representing Stevens is quoted as saying, “I think it will have a huge significance,” when asked how he thought this verdict would effect the approximately 550 plaintiffs whose cases have been consolidated in a Tennessee federal court and a New Jersey state court.

The family of the only person to die in the natural gas explosion that destroyed a half block in downtown Bozeman, Montana on March 5 filed a wrongful death lawsuit against NorthWestern Energy.  The suit alleges negligence and that the defendants acted with malice by not taking steps to ensure the safety of the fractured pipe joint responsible for the explosion.  Montana Injury Attorney Mike Cok is representing the family.

A Billings, Montana woman who was attacked by a neighbors three dogs has filed a lawsuit against the dogs’ owners. Laura Peron’s complaint alleges that the neighbors were negligent when their three boxers attacked her in her own yard. She is seeking unspecified damages for medical costs, lost income, general damages for pain, suffering and physical disfigurement. She also claims to have suffered property damages when the boxers attacked her sheltie. Person is also asking the Court for punitive damages. The victim was bitten numerous times and underwent treatment for rabies. The article does not state the identity Peron’s Montana Accident Lawyer.

Source: greatfallsribune.com

Every day, millions of people across the country cross the street without incident. Unfortunately, careless and negligent drivers put these pedestrians at risk and sometimes seriously injure them. Parking lots, sidewalks, driveways, crosswalks, and public walkways are all common sites of pedestrian accidents. But anywhere that you find people walking and driving can potentially be dangerous. Sadly, pedestrian accidents can result in fractures, head injuries, spinal cord injuries, or even brain injuries. Most pedestrian accidents are linked with negligence and traffic violations. Determining who is responsible can be a complex analysis which often defies common sense. By consulting with a pedestrian accident lawyer, you can protect any potential legal claims you may have. Remember, it’s a dangerous world out there – try to be careful.

Paull v. Park County – 2009 MT 321

As a general rule, contractors are not liable (financially responsible) for the torts of a subcontractor. Under Montana law, there are three exceptions to this rule which include: 1) where there is a nondelegable duty based on contract; 2) where the activity is inherently or intrinsically dangerous; and 3) where the general contractor negligently exercises a reserved right of control over a subcontractor’s work. The second exception, which was at issue in this case, only applies to torts which arise from the unreasonable risks caused by engaging in that activity. The Montana Supreme Court has ruled that a contractor “is vicariously liable for injuries to others caused by a subcontractor’s failure to take precautions to reduce the unreasonable risks associated with engaging in an inherently dangerous activity.” Beckman v. Butte-Silver Bow County, 2000 MT 112, ¶ 22.

Paull argued that transporting prisoners is an inherently dangerous activity and, therefore, because Park County had hired a company to transport him, the County was liable for the torts of the transportation company. The Montana Supreme Court agreed and ruled that “a county or other governmental entity that contracts to have prisoners transported may be held vicariously liable for injuries caused by an independent contractor that provides prisoner transport services.” Paull, ¶ 22.

Likewise, Paull argued that the State of Montana, a co-defendant in the case, owed him a duty of ordinary care. The State attempted to avoid the issue by claiming that it only had a duty to prisoners in actual custody. The Montana Supreme Court disagreed, saying that “Paull was under State authority and supervision” during his trip from Florida to Montana. Paull, ¶ 36. The Court held that “the State had a duty to exercise ordinary care in returning Paull to Montana to answer its probation revocation proceeding. This does not mean that the State may not use a private contractor or other means to transport prisoners like Paull. It does not mean that the State is strictly liable for any injury that results from prisoner transportation regardless of fault. It does mean, however, that if the State chooses to transport prisoners by allowing other entities to do the work, it may be held liable for the tortious acts or omissions of its agents undertaking the transportation.” Paull, ¶ 38.

In this case, the private company Park County had hired to transport Paull from Florida went out of business and dissolved shortly after the accident which injured Paull and killed the driver of the van he was traveling in. The company was not bonded and no assets were left. If the State nor County were vicariously liable for Paull’s injuries, there would be no one to answer for the harm he had suffered.

A 73-year-old man working on his farm near Antelope, Montana was crushed to death after being injured while working on the hoist of a grain truck.  Walter C. Nelson was found by a contractor who came to clean grain.  Coroner David G. Fulkerson believed that Nelson died of crushing chest injuries after the grain truck fell on him.  The sheriff’s office is still investigating the accident.

Car accidents happen for a variety of reasons: driver error, negligence, manufacturing defects, and dangerous weather. No matter the specific cause or result of the car accident, speaking with a lawyer can help you sort out your rights, options and future decisions. A Montana car accident lawyer can help in ways you probably wouldn’t expect.

Unfortunately, driver negligence is quite common. As a Montana car accident lawyer, I come across examples of it every day. All it takes is losing focus that split-second before the accident occurs. It might be talking to another passenger, talking on a cell-phone, changing a CD or radio station, eating, or applying make-up.  Otherwise small distractions can prevent a normally quick reaction to changing traffic conditions, and result in a major car accident. Things like sudden braking in stop-and-go-traffic, an unexpected object or animal in the road, or changing weather conditions can all create tragic car accidents. Sometimes, traffic or criminal laws are violated by drivers who disobey traffic signs, fail to signal while turning, speed, disregard weather or traffic conditions, or drive under the influence of alcohol and drugs.

You may have some idea of who caused a car accident, but the legal determination can be surprisingly complicated and involve questions about who acted when, which law governs the situation, and witness recollections. Even if the driver of the other car was clearly negligent, you must still prove that his negligence caused your damages. Worse still, the question of whether insurance coverage applies involves often in-depth analysis of coverage provisions, state law, and factual aspects of the accident. Luckily, a Montana car accident lawyer can guide you through these complex and contentious issues and help ensure that you’re compensated for what the other driver took from you.

Missoula injury attorney Thomas C. Bulman wrote a thoughtful and informed response in the Missoulian to claims of a medical malpractice crisis in Montana. Among other important facts, Bulman noted that in the last 10 years there have been only 24 medical malpractice trials in the state. Of those 24 cases, the patient prevailed only five times. In the past 10 years, only one Montana dentist was sued (and the dentist prevailed). In the past 10 years, only one Montana podiatrist was sued (and the podiatrist prevailed). Bulman also points out that other statistics show “a clear downward trend for complaints from patients even though the overall number of health care providers has significantly increased during this same 10-year period.”

The article is enlightening, and a great source of information for anyone concerned about medical malpractice in Montana. You can read it at the Missoulian’s website here.

Once you realize that Montana injury lawyers, and victims of medical malpractice, are not to blame for the high cost of malpractice insurance in Montana – the question becomes why the insurance companies are charging medical professionals so much for malpractice insurance.

There are more large trucks on the road today than ever before, and that means more truck accidents, more serious injuries, and more truck accident fatalities. When large trucks on on the road, they are “on the clock” which usually means running on high schedules with tough deadlines. A truck driver facing a missed deadline faces lost earnings, so he may drive faster which can lead to a serious or fatal truck accident. Even truck accidents that are not fatal usually cause serious and permanent injuries such as broken bones, scars and a variety of back, neck, spinal cord, and brain injuries. Unfortunately, truck accidents often result in wrongful deaths as well.

Big Rig Trucks are among the most dangerous vehicles on the road today. Accidents occur for many reasons, often due to the truck’s physical and design features, its immense size, weight, power, and performance, all of which affect its acceleration, braking and visibility. Some other factors that may lead to accidents are: overloaded truck, oversized truck, poor screening and training of truck drivers, poorly maintained brakes on the truck, reckless driving, unsafe road conditions, truck drivers drinking alcohol or drug use, driving in conditions of low visibility, poorly maintained tires, speeding, wide turns, blind spots, fatigued and sleepy drivers, running off the road, failure to yield the right of way, and malfunctioning safety systems.

As a Montana Injury Lawyer, I represent people who have been injured in collisions with large trucks in Montana. If you would like to speak with an injury attorney about this or any other injury you’ve suffered because of someone else’s negligence, please call me today for a free consultation.