Archive | Baker, J. (dissenting)

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Keuffer v. O.F. Mossberg & Sons, Inc.

Keuffer v. O.F. Mossberg & Sons, Inc., 2016 MT 127 (May 31, 2016) (Wheat, J.; Baker, J., dissenting; McKinnon, J., dissenting) (4-3, aff’d)

Issue: Whether the district court abused its discretion in disqualifying Mossberg’s out-of-state and local counsel for violation of Rule 1.20 of the Montana Rules of Professional Conduct.

Short Answer: No.

Affirmed

Facts: Luke and Stephanie Keuffer were hunting in Montana in October 2008. Stephanie was using a .308 Mossberg model 800 rifle. The Keuffers allege that the Mossberg rifle fell and struck Luke’s rifle, which discharged and shot Luke in the face, causing serious and permanent injury.

In August 2010, Luke called Tarlow & Stonecipher, PLLC and spoke to attorney Margaret Weamer regarding a possible claim against a gun manufacturer for injuries sustained in a hunting accident.…

In the Matter of JB, Jr.

In the Matter of JB, Jr., 2016 MT 68 (March 22, 2016) (Rice, J.; McKinnon, J, concurring; Baker, J., dissenting) (5-1, aff’d)

Issue: (1) Whether the district court erred in holding that the treatment plan was appropriate, and (2) whether the district court abuse its discretion in terminating Father’s parental rights.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: When JB was just a few weeks old, his parents took him shoplifting. Father was on probation and had two outstanding felony warrants for his arrest. The Department investigated and petitioned for protective services, adjudication of JB as a youth in need of care, and temporary legal custody. JB was placed in foster care with his sibling, EB, and Father was sentenced to 10 years suspended on each of the two outstanding felonies, to run concurrently with another unspecified sentence he was serving.…

O’Connor v. George

O’Connor v. George, 2015 MT 274 (Sept. 15, 2015) (Cotter, J.; Baker, J., dissenting) (4-1, rev’d)

Issue: Whether the district court manifestly abused its discretion in denying O’Connor’s motion for a new trial based on defense counsel’s failure to disclose that some of George’s photographic evidence depicted damage from another accident.

Short Answer: Yes.

Reversed and remanded for new trial

Facts: In September 0211, O’Connor was rear-ended by George while stopped at a railroad crossing in Helena. Both vehicles sustained minor damage; the property damage claim was resolved. O’Connor claimed she was injured in the accident. George admitted liability but disputed the extent of O’Connor’s injuries.

O’Connor sued George in May 2013. State Farm, George’s insurer, investigated and provided O’Connor with its investigative materials.…

State v. Pingree

State v. Pingree, 2015 MT 187 (June 30, 2015) (McGrath, C.J.; Baker, J., dissenting) (4-2, rev’d)

Issue: (1) Whether the district court erred in admitting testimony given by Pingree’s wife at an earlier civil order of protection, and (2) whether the error was harmless.

Short Answer: (1) Yes, and (2) no.

Reversed

Facts: In September 2012, the Ravalli County Attorney charged Pingree with felony assault with a weapon and misdemeanor partner/family-member assault, alleging Pingree pointed a gun at his wife and fired it to the left of her head. In October 2012, Pingree’s wife, Caroline, sought an order of protection in Butte, where the parties’ dissolution had been filed. Pingree was at the hearing, although without counsel. He testified but did not contest the order.…

Kent v. City of Columbia Falls

Kent v. City of Columbia Falls, 2015 MT 139 (May 19, 2015) (Cotter, J.; Cotter, J., concurring; Baker, J., dissenting) (4-3, rev’d)

Issue: Whether the district court properly applied the public duty doctrine in granting summary judgment to the city.

Short Answer: No.

Reversed and remanded

Facts: Casey Kent, 35, died June 14, 2008, from a head injury he suffered from a fall while skateboarding in a planned unit development (PUD) in Columbia Falls, Cedar Pointe Estates. His wife Sara sued the city of Columbia Falls and various other entities that designed, developed and constructed Cedar Pointe Estates. Sara alleged the path where Casey was skating was built at a 24% grade, and the steepness of this grade caused Casey’s fall and fatal head injury.…