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Oliver H. Goe
Litigation Management Experience

The following cases have been handled recently by Mr. Goe as part of his employment defense practice:

McClure v. Canyon Street Auto Repair (2008) Oliver Goe and Chad Adams represent Canyon Street Auto Repair in a case regarding alleged wrongful discharge and personal injury claims arising out of carbon monoxide exposure. Plaintiff voluntarily dismissed the action after the deposition was taken.

Baer v. Mission Mountain Enterprise (2008) Oliver Goe was defending claims of an unsafe work environment arising out of an assault by a developmentally disabled resident in a group home directed at a former employee. Plaintiff’s theory was that the resident was not properly supervised by the employer, an operator of a group home which also provides a variety of other services to the developmentally disabled. The case was dismissed upon motion by Mission Mountain for discovery abuses by plaintiff.

LaFountaine v. Swift Transportation Co., Inc. (2008) Oliver Goe represented Swift Transportation Co. in a wrongful discharge action filed in state district court. Plaintiff alleged he was fired without good cause and in violation of public policy. Compensatory and punitive damages were sought. Upon motion of Swift Transportation, two of three counts were dismissed and, as a result, the case was settled on terms favorable to Swift.

Severson v. Glenwood, Inc. (2007). Oliver Goe represented Glenwood, Inc. before the Montana Human Rights Bureau on claims of disability discrimination arising out of the discharge of its co-executive director. After an extensive investigation, the Bureau determined there was no reasonable cause to believe that discrimination had occurred. Severson has now filed a wrongful discharge claim which is pending in district court.

Coder v. McDonald’s of Miles City (2007). Oliver Goe represented McDonald’s on a claim of disability discrimination and constructive discharge based on an alleged failure to reasonably accommodate a lung condition. The Montana Human Rights Bureau issued a no cause finding of discrimination and the case was dismissed.

Foster v. Montana Schools Group Insurance Authority (2007). The Claimant maintained that aseptic necrosis of her knee was the result of a work-related injury and/or subsequent surgery. The Workers’ Compensation Court rejected these claims accepting the arguments made by Oliver Goe that Claimant failed to prove medical causation as required by law.

Tucker v. Pasha Enterprises dba McDonald’s Restaurants (2006). The charging party alleged that she was a victim of sex discrimination by not choosing to promote her to a management position. Oliver Goe represented Pasha Enterprises during the investigation by the Montana Human Rights Bureau. The Bureau determined that there was no reasonable cause to believe that discrimination occurred and the case was dismissed.

A list of reported cases in which Mr. Goe appears as counsel of record follows:

  1. Patterson v. Verizon Wireless, 122 P.3d 1193 (Mont. 2005)
  2. Dayberry v. City of East Helena, 80 P.3d 1218 (Mont. 2003)
  3. Stavenjord v. Montana State Fund 67 P3d 229 (Mont. 2003) Amicus
  4. Lockhart v. New Hampshire Insurance Co. 984 P2d 744 (1999)
  5. Heath v. Montana Municipal Insurance Authority, 959 P.2d 480 (Mont. 1998).
  6. Yarborough v. City of Billings, 938 P.2d 679 (Mont. 1998).
  7. Taylor v. State Compensation Insurance Fund, 913 P.2d 1242 (1996).
  8. Haag v. Montana Schools Group Ins. Authority, 906 P.2d 693 (Mont. 1995).
  9. Lund v. State Compensation Mut. Ins. Fund/Garden City Plumbing and Heating, Inc., 263 Mont. 346, 868 P.2d 611 (1994).
  10. Dale v. Trade Street, Inc., 258 Mont. 349, 854 P.2d 828 (1993).
  11. Murer v. Montana Sate Compensation Mut. Ins. Fund, 257 Mont. 434, 849 P.2d 1036 (1993).
  12. Norman v. City of Whitefish, 248 Mont. 490, 812 P.2d 1259 (1991).
  13. Baldwin v. Orient Exp. Restaurant, 242 Mont. 373, 791 P.2d 49 (1990).
  14. Reinhard v. Missoula Sheet Metal, 240 Mont. 370, 784 P.2d 398 (1989).
  15. Hernandez v. Jensen, 236 Mont. 210, 770 P.2d 502 (1989).
  16. Hurley v. Dupuis, 233 Mont. 242, 759 P.2d 996 (1988).
  17. Houtchens v. State, Employment Sec. Div., 232 Mont 99, 754 P.2d 824 (1988).
  18. McKinley v. American Dental Mfg. Co., 232 Mont. 92, 754 P.2d 831 (1988).
  19. Milender v. Carpenter, 230 Mont. 1, 748 P.2d 932 (1987).
  20. Wagner v. Empire Development Corp., 228 Mont. 370, 743 P.2d 586, 44 Fair Empl.Prac.Cas. (BNA) 1454, 46 Empl. Prac. Dec. P 37,884 (1987).


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