Ryan Willmore

Bio

Ryan Willmore was named a shareholder of BKBH in January 2012.  A native Montanan, Ryan was born and raised in Kalispell. 

Mr. Willmore's principal areas of practice include General Civil Litigation, Alcoholic Beverages and Gaming Regulation, Personal Injury, Prison Litigation Defense, Insurance Defense, Construction Litigation, Employment Law, Criminal Defense, and Family Law. 

Mr. Willmore earned his Bachelor’s degree from the University of Montana in Sociology with an emphasis in Criminology, and he earned his Juris Doctorate from the University of Montana School of Law.

Prior to joining BKBH as an associate, Mr. Willmore worked for the firm as a legal intern, and also interned for the Missoula County Attorney’s Office.

He is admitted to practice in the Montana State and Supreme Courts, the U.S. District Court for the District of Montana and the U.S. Court of Appeals for the Ninth Circuit.

Ryan is located in BKBH's Missoula office.  He and his wife, Marcie, enjoy the many opportunities ta Missoula has to offer.  His outside interests include basketball, poker, music and supporting the Universitiy of Montana Grizzly football team.

Representative Matters

Mr. Willmore’s career has provided him with diverse experience in a number of areas. Ryan practices before the Montana State and Supreme Courts, the U.S. District Court for the District of Montana, and the United States Court of Appeals for the Ninth Circuit. Ryan also practices before administrative agencies, such as the Montana Human Rights Bureau and the Montana Public Service Commission.

Currently, Ryan practices in civil litigation, focusing on personal injury and wrongful death litigation, employment litigation, family law, and traditional insurance defense. Ryan’s practice includes assisting a number of clients and their insurers in personal injury defense, dramshop litigation, the Montana Equine Activity Act, employment law, and wrongful death.  Ryan also assists various companies with Montana liquor license issues.

Summary of Cases Tried by Mr. Willmore

Kolve Enterprises, Inc. d/b/a Lambkin’s Lounge & Casino (2012) – Ryan Willmore and Erica Grinde assisted Kolve Enterprises with the purchase and transfer of a Montana All Alcoholic Beverages License in Lincoln, Montana.

Bodega, Inc. d/b/a Monk’s (2011) – Ryan Willmore assisted Bodega, Inc. with an alteration to its Montana All Alcoholic Beverages License to expand its operations.

Ruud v. Hamilton (2011) – Ryan Willmore and Dave McLean successfully defended Ms. Hamilton in a negligence claim brought by Ms. Ruud resulting from a minor automobile accident.  After serving discovery requests and a request for statement of damages, Ms. Ruud voluntarily dismissed her case.

LaFever’s Inc. d/b/a Rocky’s Nut House Saloon & Gambling (2011) – Ryan Willmore assisted LaFever’s Inc. with a transfer of location for its existing Montana All Alcoholic Beverages License.

Sturdevant v. Montana Woodworks, Inc. (2011) - Ryan Willmore successfully defended Montana Woodworks, Inc. in a breach of contract claim brought by the Plaintiff. Plaintiff was a former employee who claimed Montana Woodworks, Inc. failed to fulfill a contract to rent equipment from him. A bench trial was held and a defense verdict was entered.

Jacoby v. Benefis Extended Care, a division of Benefis Hospitals, Inc. (2010) - Ryan  Willmore and Dave McLean represented Benefis in a slip and fall claim. Plaintiff sustained injuries to his back and shoulder after falling at the premises during one of the most severe winter snow storms in recent history. The case was resolved on terms favorable to Benefis and well below the defense costs that would have been incurred had the case proceeded to trial.

Brock v. Davis Transport (2010) - Ryan Willmore and Dave McLean defended Davis Transport in an employment claim brought by the Plaintiff. Plaintiff claimed he was wrongfully discharged from his employment. Summary Judgment was obtained on behalf of Davis Transport.

Fritz v. Kmart (2010) - A former employee filed this wrongful termination case. After discovery occurred, the parties attended mediation, but Kmart refused to accept Plaintiff’s final demand. After mediation concluded, negotiations continued and the case was resolved on terms favorable to Kmart.

Watson v. West (2010) - Ryan Willmore and Dave McLean represented Mr. Watson in a claim against Ms. Devra West. The case arose from a consulting relationship between the two parties. Watson filed a claim for breach of contract, fraud, constructive fraud, unjust enrichment and constructive discharge. A judgment was obtained in the amount of $736,000.00. West appealed the decision to the Montana Supreme Court, and the case was remanded for a re-determination on damages. A subsequent judgment was entered against West and she again appealed the decision to the Montana Supreme Court.  The Montana Supreme Court affirmed judgment in favor of Mr. Watson.

O’Haneson v. Immanuel Lutheran Corporation of Kalispell d/b/a Immanuel Lutheran Home (2009) - Plaintiff alleged discrimination based on her Alzheimer condition when she was transferred from Immanuel Lutheran to a new assisted living center. The case was investigated by the Montana Human Rights Bureau. Ryan Willmore and Dave  McLean successfully secured dismissal of the claim. Plaintiff appealed to the Montana Human Rights Commission. The Commission affirmed the dismissal after oral argument. Plaintiff has now request judicial review of the dismissal.

Larson v. Kmart (2008) - Plaintiff alleged she was wrongfully terminated by her former employer. Discovery was conducted and a mandatory mediation occurred.  The case was resolved on terms favorable to Kmart for less than anticipated defense costs.

Brese v. K-Mart II (2008) - Ryan Willmore and Dave McLean defended K-Mart in Ms. Brese’s retaliation claims. The claimant asserted K-Mart retaliated against her for filing a discrimination claim by refusing to promote her. In addition, Ms. Brese alleged K-Mart retaliated against her by giving a poor job reference to a prospective employer due to the filing of a discrimination claim. The claim proceeded to hearing in October, 2007, post-hearing briefing occurred and the claim was dismissed. Claimant then proceeded with her claim into District Court. K-Mart submitted a Motion to Dismiss Plaintiff’s claim in the District Court, which was granted.

Shunk v. K-Mart (2007) - Ryan Willmore and Dave McLean represented K-Mart in Mr. Shunk’s claim that his termination from employment was wrongful. Mr. Shunk was one of three employees in a local store who lost employment positions due to restructuring. Mr. Shunk challenged the evaluation process and its methods that resulted in his selection for termination. After written discovery was completed and several depositions concluded, the claim was resolved at a Court mandated settlement conference on terms favorable to K-Mart, and well below the defense costs that would have been incurred had the case proceeded to trial.

Brese v. K-Mart I (2007) - Ryan Willmore and Dave McLean represented K-Mart in a discrimination claim asserted by a former employee. Ms. Brese alleged discrimination based upon an actual or perceived disability. The case proceeded through a contested case hearing before a Human Rights Bureau Hearing Examiner where numerous witnesses presented testimony over the course of two (2) days.  After considering the witness testimony, the claim was dismissed in favor of K-Mart.

In the Matter of Victor I. Pizzola  dba Valley Taxi (2007) - Ryan Willmore successfully represented Mountain Express Taxi in protesting the transfer of motor carrier authority before the Montana Public Service Commission. Pursuant to Mountain Express Taxi’s objections, the PSC denied the transfer.

Adorno v. 131 WS. Higgins, LLC d/b/a The Wilma  Building, et al. (2007) - Ryan Willmore and Dave McLean defended the building owner in this wrongful death case. Plaintiff filed suit against numerous Defendants on behalf of his deceased sister after she died from injuries sustained in a fall from the rooftop of a building. A dispositive motion seeking dismissal of the claim was filed and fully briefed. The Court granted the Motion and dismissed the building owners from the case.

Hoerning v. Elkhorn Hot Springs, Inc. et al. (2007) - Ryan Willmore and Dave McLean represented a hot springs resort in a slip and fall claim. Plaintiff sustained injuries to her leg and knee after falling at the premises, and underwent two surgeries to repair the damage. The case was resolved on terms favorable to the Defendants.

Gierbolini v. Corrections Corporation of America (2006) - Ryan Willmore and Dave McLean represented CCA before the Montana Human Rights Commission in a claim filed by a former employee alleging discrimination and seeking $1.6 million in damages. The case proceeded to hearing, and witness testimony consumed six (6) days. Once the hearing concluded, $90,000 was awarded, and an appeal ensued. While on appeal, the case settled on terms favorable to CCA and considerably less than the demand initially made by the employee, and far less than the $1.6 million requested at hearing.

In the Matter of Brian  David Parks dba Mountain Express Taxi (2006) - Ryan Willmore successfully represented Mountain Express Taxi in obtaining transportation authority before the Montana Public Service Commission. In Montana, authority to operate taxi service and other transportation services must be granted by the PSC. After a contested hearing, the PSC granted Mountain Express Taxi the requested authority for a motor carrier certificate.

Hendrickson v. The 44 Bar (2006) - Ryan Willmore and Dave McLean represented The 44 Bar in a wrongful death claim which arose after an underage patron, who had allegedly consumed alcohol at the establishment, was killed when attempting to drive home. The case was resolved on terms favorable to the defendants, and for substantially less than the economic damages claimed.

Professional Experience

BROWNING, KALECZYC, BERRY & HOVEN, P.C.
Missoula, Montana
Shareholder, 2005 – present
Practice Areas: General Civil Litigation, Personal Injury, Prison Litigation Defense, Insurance Defense, Construction Litigation, Employment Law, Criminal Defense, and Domestic Relations.

MISSOULA COUNTY ATTORNEY’S OFFICE
Missoula, Montana
Intern, May 2004 – January 2005
Oversaw prosecution of criminal and traffic cases. Responsibilities included charging, investigating, negotiating, interviewing witnesses, and representing the State of Montana in a variety of hearings, jury trials, and bench trials.