Archive | March, 2017

Nolan v. Riverstone Health Care

Nolan v. Riverstone Health Care, 2017 MT 63 (March 21, 2017) (Sandefur, J.) (5-0, aff’d)

Issue: Whether the district court erred in dismissing Nolan’s complaint for failure to comply with the service of process rules.

Short Answer: No.

Affirmed

Facts: In February 2013, Nolan filed a pro se complaint against RiverStone alleging that it violated the Eighth and Fourteenth Amendments (prohibiting cruel and unusual punishment) by denying him access to a prescribed pain medication (Hydrocodone) while incarcerated. Nolan subsequently filed additional pro se documents and mailed some to RiverStone’s general business address. In April 2014, after obtaining issuance of a summons, Nolan mailed the summons to RiverStone along with purported amendments to his original complaint. The attempted mail service did not include his original complaint or an amended complaint.…

Hill County High School v. Dick Anderson Construction, Inc.

Hill County High School v. Dick Anderson Construction, Inc., 2017 MT 20 (March 21, 2017) (Baker, J.; Wheat, J., dissenting) (5-1, aff’d)

Issue: (1) Whether the district court correctly held that the statute of repose barred the school district’s claims; (2) whether the district court correctly held that the period of repose could not be tolled; and (3) whether the district court properly awarded Springer attorney fees under the contract.

Short Answer: (1) Yes; (2) yes; and (3) yes.

Affirmed

Facts: The school district entered into a contract with Springer in 1996 to design a new roof for the Havre High School, and contracted with Anderson to build the roof in 1997. A final walk through was held in January 1998, the school was in full use by April 1998, and the school district issued final payment around that time.…