Verdicts & Settlements

Trial Court Results:

Martinez v. Les Schwab: SEQ CHAPTER \h \r 1 $8.2 million dollar verdict for the families of two women who were killed when a defective Les Schwab retread tire failed on Highway 93 near Ronan, Montana.

T.E.F. v. Dasen: $2.2 million verdict for a teenager who was sexually assaulted by a wealthy Kalispell businessman who used his money to lure her into a dangerous situation.

Carlson v. Western Montana Clinic: $1.3 million verdict for parents of teenage child who died after hospital’s failure to give routine, inexpensive vaccination and effected change in hospital protocol to protect future patients.

Lewey v. Bitterroot Timberframes: $147,000 thousand verdict for a former employee whose employer withheld funds from his paycheck for a retirement account but failed to establish the account or pay the funds upon termination of employment.

Jones v. Red Cross: Represented a rural Montanan who contracted HIV from an unscreened blood transfusion while visiting family in Oregon. After start of a jury trial, the case resulted in settlement of over $1 million.

Montana Supreme Court Results:

Lutz v. National Crane Corp.: Obtained a ruling from the Montana Supreme Court that limited the ability of a defendant whose dangerous product had caused a wrongful death to argue that the deceased had misused the product or assumed the risk of injury.

Newville v. Dept. of Family Services: Obtained a ruling from the Montana Supreme Court that defendants should not be permitted to point the finger at others, unless they were properly made parties to the case. This decision effectively protects injured individuals from the “empty chair defense,” in which the defendant attempts to blame the plaintiff’s injuries on someone who is not there to defend himself and who will not compensate the plaintiff if found liable.

Preston v. District Court: Obtained a ruling from the Montana Supreme Court agreed that business defendants whose defective products cause injury to consumers must provide information concerning other similar injuries and accidents caused by their products.

Bear Medicine v. U.S.: Secured the right of Montana parents to be compensated for the loss of their adult children through the tortious conduct of another.

Other landmark Montana Supreme Court decisions resulting from the firm's representation of litigants also include North v. Bundy, Durden v. HydroFlame, Niles v. American Eye Care, Watts v. Livingston Rebuild Center, and Faulconbridge v. State. Each of these decisions has effected important change or clarification of Montana law in favor of injured plaintiffs.

Favorable Settlements:

Behling v. Darby Lumber: $4.15 million settlement in favor of plaintiff retirees whose pension funds had been squandered through the self-dealing transactions of their employers.

Lockwood Solvent Site Litigation: Plaintiffs asserted claims against various businesses responsible for releasing dangerous contaminants into the soils and waters in Lockwood for at least a decade, resulting in medical conditions and property contamination. This litigation culminated in a confidential settlement, and attorney Jory Ruggiero is now representing other residents in the same area who have suffered similar injuries.