LEO S. WARD

Browning, Kaleczyc, Berry & Hoven, P.C.

825 Great Northern Blvd., Suite 105
Post Office Box 1697
Helena, MT 59624
Phone: (406) 443-6820   
Fax: (406) 443-6895
E-Mail: leo@bkbh.com


EDUCATION

ST. JOHN'S UNIVERSITY
Collegeville, MN
BA English Magna cum laude, 1978
University of Notre Dame
MA English Literature, 1979

UNIVERSITY OF MONTANA SCHOOL OF LAW
Missoula, MT
JD with high honors, 1987

ADMISSION TO PRACTICE

United States District Court - 1987
State of Montana - 1987

PROFESSIONAL EXPERIENCE

BROWNING, KALECZYC, BERRY & HOVEN, P.C.
Private Practice Insurance Defense and General Litigation
1989 to Present

GARLINGTON, LOHN & ROBINSON
Private Practice Insurance Defense and General Litigation
1987 - 1989

LITIGATION EXPERIENCE

Montana Department of Labor and Industry: Successfully represented defendant insurers and employers in contested case hearings on issues ranging from permanent total disability through occupational disease.

Montana Workers’ Compensation Court: Successfully represented major insurers and employers in workers’ compensation trials on a host of issues from fraud through the definition of injury.

Montana District Courts: Successfully represented public and private entities before the district courts in all aspects of litigation and trial practice.

Montana Supreme Court: Successfully represented public and private entities before the Supreme Court on issues ranging from constitutional deprivation, occupational disease, workers’ compensation fraud, procedures under the Workers’ Compensation Act and the definition of injury.

Federal Courts: Successfully represented public and private entities before the federal district courts and the Ninth Circuit Court of Appeals on issues ranging from liability under 42 U.S.C. § 1983 to breach of contract.

In addition, provided clients with comprehensive information and advice concerning claims adjustment, risk management, and legislative issues.

CASE SAMPLES

Montana Supreme Court:

Thompson v. CIGNA, 14 P.3d 1222 (2000). Supreme Court affirmed finding attorney fees were not allowed.

McFerran v. Consolidated Freightways, 15 P.3d 935 (2000). Supreme Court reversed finding Claimant was not permanently totally disabled.

Eastman v. INA, unpublished (2000). Supreme Court affirmed rejection of Claimant’s alternative rehabilitation plan.

Kudloff v. City of Billings, 860 P.2d 140 (1993). Plaintiff alleged wrongful annexation of his property and civil rights violations pursuant to 42 U.S.C. § 1983. Summary judgment in favor of City of Billings was affirmed by the Supreme Court.

Anderson Insurance Agency v. City of Belgrade, 803 P.2d 648 (1990). Plaintiff alleged unconstitutional zoning of his property by City of Belgrade. Supreme Court affirmed lower court ruling that zoning ordinance was a valid exercise of police power.

Martelli v. Anaconda-Deer Lodge County, 852 P.2d 579 (1993). Workers’ Compensation claimant alleged permanent total disability but failed to exhaust administrative remedies. The Supreme Court affirmed the Workers’ Compensation Court’s decision favoring the insurer/employer.

Hughes v. State Fund, 833 P.2d 1099 (1992). Claimant alleged atopic dermatitis was an occupational disease. The Supreme Court affirmed the Workers’ Compensation Court’s ruling that Claimant was equally exposed to aggravating factors outside of her employment resulting in her failure to satisfy the occupational disease proximate causation statute.

Montana District Court:

Capitol Indemnity v. Estate of Allen. Judge denies Capitol Indemnity’s claim against Estate as untimely after three day bench trial.

Mountain West Bank v. Estate of Allen. Judge denies bank’s claim against Estate as untimely after two day bench trial.

Zimmerman v. Continental Western. Defense verdict in six day insurance bad faith trial.

Chambers v. City of Helena. Defense verdict in negligent design of garbage transfer station.

Carson v. O’Brien. Defense verdict in business lease termination case.

Badura v. Bozeman. Plaintiff alleged improper design of intersection resulted in injuries sustained in automobile collision. Plaintiff demanded six figure settlement, but voluntarily dismissed lawsuit after the deposition of his engineering expert.

Casares v. Sidney. Plaintiffs sued city and police officers for civil rights and state statutory violations, and negligence, for failing to place the decedent in protective custody after an altercation in a bar. Plaintiffs demanded six figure settlement, but settled for $5,000 on the eve of trial. Plaintiffs’ federal civil rights claims were dismissed on summary judgment.

Kudloff v. Billings. Plaintiff’s civil rights wrongful annexation claims were dismissed on summary judgment, which was affirmed by the Montana Supreme Court.

LeMare v. Montana State Prison. Inmate’s claim against the prison for failure to protect in stabbing incident was dismissed for failure to prosecute after discovery resulted in withdrawal of Plaintiff’s attorney.

Smith v. Anaconda-Deer Lodge County. Plaintiff’s claim that Anaconda-Deer Lodge County improperly allowed a zoning variance in violation of their civil rights was dismissed on summary judgment.

Mapes v. Butte Silver. Plaintiff’s negligence claim for failing to maintain playground equipment settled for $3,000, after discovery closed.

Pepion v. Miles City. Plaintiff’s negligence claim for the drowning of her son was settled by the City of Miles City for $4,666, after discovery closed.

Workers’ Compensation Court:

Hiett v. Montana Schools Group Insurance Authority. Claimant found not entitled to additional medical benefits.

Harman v. State Fund. The Claimant’s cervical claim was determined to be unrelated to his logging injury even though his treating physician concluded it was related and State Fund provided no contrary medical testimony.

Davis v. Kalispell. The Workers’ Compensation Court determined the Claimant failed to provide 30 days notice of injury and the alleged injury did not occur as claimed.

Department of Labor:

Hamman v. City of Helena. Rehabilitation Panel decision finding Claimant employable affirmed.

Zychek v. State Fund. Claimant failed to prove her exposure to chemicals while working as a chemist at Montana State University resulted in total disability under the Occupational Disease Act.

DeJesus v. Butte-Silver Bow. Claimant’s early retirement was determined to not be the result of an alleged occupational disease.

Federal Courts:

Aguiar v. Burlington Northern & Santa Fe Railway Company. Representing Burlington Northern and Santa Fe Railway Company in environmental litigation involving 90 plaintiffs.

Casares v. City of Sidney. Civil rights claims filed in federal court dismissed on summary judgment.

Gibbs v. Parsons Company. Contract dispute appealed by Plaintiffs to the Ninth Circuit Court of Appeals after adverse ruling. Complaint alleged damages in excess of $1 million, but case settled after mandatory mediation for $1,100.

PRACTICE AREAS

Insurance Defense, General Litigation, Workers’ Compensation Defense, ADA Defense, Employment Law Defense.

PRESENTATIONS

Frequently lectures on Workers’ Compensation, ADA, and Employment issues.

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