Criminal Law

• Wrongful Death
  Mother of child killed in automobile/bicycle collision sought appointment as personal representative of child's estate and in another action petitioned for authority to enter into compromise settlement of claims against driver of automobile. Father filed objection to the petition. The Eleventh Judicial District Court, County of Flathead, Nat Allen, J., appointed mother personal representative and approved settlement. Appeal was taken. The Supreme Court, Weber, J., held that: (1) mother was proper person to be personal representative of estate of daughter; (2) probate court had jurisdiction to approve settlement; (3) probate court could authorize mother to settle both survival and wrongful death causes of action; and (4) allocation of proceeds was supported by substantial evidence. Affirmed.
• Assault
  One schoolteacher brought suit against another, seeking to recover money damages for an assault and battery which allegedly occurred after plaintiff had physically ejected a student from his classroom. The Eleventh District Court, Flathead County, Robert Sykes, J., entered judgment in favor of plaintiff, and defendant appealed. The Supreme Court, Daly, J., held that: (1) the jury's failure to award exemplary or punitive damages was not a bar to the award of actual or compensatory damages, (2) since the district court's ruling on posttrial motions delayed entry of judgment until June 24, 1976, plaintiff's memorandum of costs and disbursements was timely filed on April 26, 1976, and (3) substantial evidence failed to show that the appeal was taken without substantial or reasonable grounds or only for purposes of delay, and therefore damages would not be awarded the appellee under Rule 32. Judgment affirmed.

Employment Law

• Workers Compensation
  Nurse's aide sought permanent partial disability benefits for cervical injury. The Workers' Compensation Court, Timothy Reardon, J., denied claim, and aide appealed. The Supreme Court, 749 P.2d 527, reversed and remanded. On remand the Workers' Compensation Court awarded benefits. Employer and State Compensation Insurance Fund appealed. The Supreme Court, Barz, J., held that: (1) Supreme Court's prior decision did not require Workers' Compensation Court to conduct evidentiary hearing for additional findings regarding loss of earning capacity; (2) res judicata barred defendants from asserting that stipulation regarding rate of disability benefits was not binding; and (3) Workers' Compensation Court was not required to conduct evidentiary hearing regarding costs and attorney fees. Affirmed.
• Wrongful Termination
  Former employee brought action to reinstate disability benefits and recover extracontractual and punitive damages allegedly arising from wrongful termination of benefits. The District Court, Lovell, J., held that: (1) all extra-ERISA claims against disability benefits plan were preempted, and (2) state law claims against administrator, an insurance company, were preempted. Defendants' motion for summary judgment granted.

Health Law

• Personal Injury
• Medical Malpractice
  William Willing alleged medical malpractice against the defendant podiatrist for negligent follow-up care following surgery on his toes which resulted in a partial amputation and chronic pain. Following a jury verdict for the defendant, Willing appealed on the basis that the District Court abused its discretion when it denied a new trial based on misrepresentations and misconduct of defense counsel during closing argument. The Supreme Court agreed and reversed judgment for the defendant.
• Auto Accidents

Trusts and Estates

• Probate