John W. Bonner

This case concerns the probate of the estate of John Precup Giurgiu, whose will directed distribution through a trust to beneficiaries who were residents and nationals of Romania. The State of Montana appealed a district court order authorizing distribution, arguing that federal court rulings had not resolved whether reciprocity of inheritance existed under Montana statute section 91-520. The Montana Supreme Court held that the federal decisions addressed only the statute's constitutionality and the need for state courts to develop appropriate procedures, without deciding the factual reciprocity issue. It reversed the district court and remanded for further proceedings, placing the burden of proof on the foreign heirs under Montana Rule of Civil Procedure 44.1.

propertyfederal powerprocedure

The case involved Warren Rogers suing Hilger Chevrolet Company for personal injuries sustained when he fell out the door of a used car during a test drive, claiming the dealer breached its duty by allowing him to ride in a vehicle with an allegedly defective door latch. A jury awarded Rogers $25,000, but the Montana Supreme Court reversed the judgment and directed a verdict for the defendant. The court held that the evidence, viewed in the light most favorable to the plaintiff, failed to show substantial credible proof of any defect or breach of the dealer's duty to discover and repair patent or discoverable defects; instead, the case rested on speculation about possible dirt in the latch mechanism, which was insufficient to establish a prima facie negligence claim.

torts & liabilityprocedure

This case involved a survivorship action brought by the administrator of Nancy Putman's estate against William Pollei after she was killed in a car accident as a passenger. The jury awarded only $445.95 for her destroyed personal property and nothing for loss of earning capacity, despite evidence on her potential future earnings. The district court set aside the verdict on damages and ordered a new trial limited to that issue, finding insufficient evidence to support zero damages for earning capacity. On appeal, the Montana Supreme Court affirmed, holding that the district court did not abuse its discretion because there was no substantial evidence justifying the jury's award of no damages on that claim, and jury instructions did not prevent review of evidentiary sufficiency.

torts & liabilityprocedure

In State v. Jensen, Dr. Leland Jensen was convicted by a jury in Missoula County district court of committing a lewd and lascivious act on a female under age 16 and sentenced to 20 years at hard labor; he appealed, raising claims of prejudicial comments by the judge and prosecutor, improper order of proof, insufficient evidence, and inadmissible testimony from other women about similar acts. The Montana Supreme Court affirmed the conviction, holding that the defendant failed to object timely to the judge's comments, the prosecutor's remark was cured by the court's admonition to the jury, the order of proof was within the trial court's discretion, and the similar-acts evidence was properly admitted because it tended to establish the defendant's intent and a common scheme or plan under recognized exceptions to the general rule excluding other-crimes evidence. The court found the acts sufficiently similar and not too remote in time, and it overruled contrary precedent to the extent it barred such evidence outright.

criminal lawprocedure

In this case, plaintiff Americana Homes, Inc. sought to foreclose a mechanic’s lien on real property in Yellowstone County, Montana, after furnishing labor and materials on an open account from June to November 3, 1965, with the lien filed on February 2, 1966. The district court granted summary judgment to the defendants, and the Montana Supreme Court affirmed. The court held that credits for returned merchandise and a payment in late December 1965 did not qualify as “items” under section 45-502, R.C.M. 1947, so they did not extend the 90-day filing deadline from the date the last labor or materials were furnished. The decision rested on the principle that mechanic’s lien statutes must be strictly followed, and the legislature did not intend to permit indefinite extensions of the filing period through account credits.

propertyprocedure

This case arose from two related automobile accidents on an icy Montana highway in 1967, where Mabel Page lost control of her car and left it partially obstructing the road without lights, leading to a collision with Clara Lamb's vehicle; the Lambs sued the Pages for personal injury and property damages, and the Pages counterclaimed for their own losses. Following a jury trial that awarded the plaintiffs $6,080, the district court denied the defendants' post-trial motions, and they appealed on issues including the exclusion of expert testimony, photographic evidence, and refusal of a last clear chance jury instruction. The Montana Supreme Court affirmed the judgment, reasoning that the defendants failed to establish the required elements for a last clear chance doctrine instruction under Montana precedent and that the trial court had fully and fairly instructed the jury while properly managing evidentiary rulings.

torts & liabilityprocedure