Archive | Medical malpractice

RSS feed for this section

Watters v. City of Billings

Watters v. City of Billings, 2017 MT 211 (Aug. 28, 2017) (Rice, J.; Wheat, J., dissenting) (5-2, rev’d)

Issue: Whether the district court erred by holding the CBAs were unambiguous and excluding extrinsic evidence concerning their interpretation.

Short Answer: Yes.

Reversed and remanded

Facts: Officers are current and retired police officers and members of the union, which collectively bargains with the city. The central dispute in this case is the correct interpretation of the longevity pay provisions in the 2000-2003, 2003-2006, and 2006-2009 CBAs.…

McColl v. Lang

McColl v. Lang, 2016 MT 255 (Oct. 11, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion in granting Lang’s motion to exclude certain evidence, and (2) whether the district court abused its discretion in denying McColl’s motion to exclude the testimony of Lang’s expert witness.

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


Facts: Lang is a licensed naturopathic physician. McColl saw Lang in 2012 and discussed a blemish on her nose that she wished to remove. A month later, McColl returned to Lang’s office where he applied black salve, an escharotic agent, to the blemish on McColl’s nose. Lang sent her home with instructions to return. A few days later, McColl returned and Lang reapplied black salve.…