Adorno v. 131 WS. Higgins, LLC d/b/a The Wilma Building, et al. (Mont. 2007).
Dave McLean and Ryan Willmore 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.
Brese v. K-Mart (2007).
Dave McLean represented K-Mart in a claim filed by a former employee who claimed she was discriminated against in her employment due to a disability. After Human Rights completed its investigation, the case proceeded to hearing. After three days of testimony, a decision was rendered finding K-Mart did not engage in illegal discrimination.
Cook v. Ellison Development, et al. Dietz v. Ellison Development, et al. (2007).
Dave McLean and Daniel Auerbach represented Ellison Development in three cases seeking damages against the developer, engineer and contractor. The claims were filed by owners of property adjoining the subdivision and development area. After water and sewer lines were installed to serve the developed property, the adjoining property owners alleged their homes began experiencing flooding issues. Ellison Development submitted a Motion for Summary Judgment, which was granted, and they were dismissed from the claims.
Hoerning v. Elkhorn Hot Springs, Inc. et al. (2007).
Dave McLean and Ryan Willmore 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.
Byerley v. Cochran and Kampgrounds of America (KOA) (Mont. 2006).
David McLean represented the Defendants in a case arising from a propane fire that destroyed a recreational vehicle. Plaintiff claimed propane tanks on his recreational vehicle were negligently filled by the Defendants, resulting in the explosion and subsequent fire. Through investigative efforts, it was discovered Plaintiff had been involved in other propane fires. The case was then resolved on terms favorable to the Defendants, for an amount less than Plaintiff's documented property loss.
Hendrickson v. The 44 Bar (2006).
David McLean and Ryan Willmore 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.
Neumiller v. Boardroom Lodge (2004).
David McLean defended a Missoula bar being sued for injuries sustained by a patron involved in an altercation in the bar. Plaintiff claimed his neck was broken by a bouncer while being escorted from the premises. BKBH submitted motions to limit the damages Plaintiff could recover at trial. During the final pretrial conference, the Court limited the damages Plaintiff could argue to the jury and the case was resolved immediately prior to trial on terms favorable for the Defendant.
State of Montana v. Taylor (2004).
David McLean represented an alternative livestock producer who was accused of allowing the illegal slaughter of elk he was raising on his alternative livestock ranch. The case proceeded to trial in Fergus County, Montana. After three days of testimony, the case was presented to the jury for consideration. The jury deliberated for less than one-half hour and returned an unanimous verdict in favor of the alternative livestock producer. Undeterred by the jury’s verdict, the State pursued a second claim against the livestock producer. The second case proceeded to trial, and after two days of testimony, a second jury again returned a unanimous verdict in favor of the producer after deliberating less than one hour.
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