Roose v. Lincoln County Employee Group Health Plan, 2015 MT 324 (Nov. 17, 2015) (Wheat, J.; McKinnon, J., dissenting) (4-1, aff’d)
Issue: (1) Whether the district court abused its discretion in certifying the proposed class; and (2) if the class was properly certified, whether the district court abused its discretion by defining the class over broadly.
Short Answer: (1) No, and (2) no.
Facts: Kent Roose was severely injured in a car accident in October 2007. The other driver, Stearns, was killed in the accident; his negligence is undisputed. Stearns’ liability insurance carrier tendered the limit of its coverage to Roose, and Stearns’ estate also paid Roose; however, these payments did not cover Roose’s $320,000 medical bill from Kalispell Regional Hospital.…