Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case or are that of Neuhardt Law Firm, P.C

Jury Verdict of $325,000 in wrongful death of passenger with underage DUI driver.

The Billings jury deliberated for only five and half hours awarding the estate of Ray $325,000 for grief, companionship and mental anguish of her appreciable time. Plaintiffs were Joy Mathis and Robert Ray, mother and brother of deceased, Melissa Ray. Defendants were Michael Marsac, owner of the car being driven by Ryan Lindstadt. Lindstadt failed to stop at a stop sign and Ray was sitting on Lindstadt lap, she was ejected through the passenger side window upon impact and died of a high level cervical fracture which severed her spinal cord. The jury found that because Lindstadt violated the underage DUI law that was the cause of the accident.

Sidney Jury finds 9-3 in favor of Plaintiff for $150,000 regarding auto accident.

Plaintiff Kay Nice was driving through the intersection of 9^th Ave and 6^th St SW in Sidney when Shelly Badt ran a yield sign and broadsided Nice. Nice suffered shoulder and soft-tissue neck injuries and was later diagnosed with fibromyalgia. The defense suggested that Badt was impoverished and would have to pay any judgment herself, the Judge instructed that, “Shelly Badt was insured for this accident. The existence of insurance should not affect your deliberations.” Jury deliberated for 3 hours and awarded Plaintiff $150,000.

Great Falls jury awarded $20,000 in rear-end auto accident.

Nathan Gross was driving along the 2300 blocof River Drive in Great Falls when he looked down to adjust his stereo. When he looked up, he saw Edwin Rivas stopped, Gross did not have enough time to stop to avoid a rear-end collision. Rivas’s vehicle and Gross’s vehicle were both totaled in the collision. Rivas did not seek treatment the day of; however sought treatment the day after the accident. Rivas claimed injury to his neck and low back, and left shoulder, arm and ankle injuries. The jury deliberated for 2 hours finding Edwin Rivas was negligent awarding $20,000 to Nathan Gross.

12-0 Jury Verdict in the amount of $1.3 million for UIM Plaintiff.

Plaintiff Dyllon Robertus was driving his pick-up truck to school when Dianne Hanson was pulling out of her driveway and pulled out in front of Robertus. Robertus swerved to miss Hanson’s vehicle, however veered into oncoming traffic and struck another vehicle head-on. Robertus suffered severe back pain and saw a neurosurgeon for a low back fusion which was performed; however, he was still symptomatic. His neurosurgeon suggested an artificial low back disk and surgery to fuse the damaged neck disk. Robertus’s insurance company, Farmers Union voluntarily paid $225,442 before trial, because they would not agree that the value of Robertus’s case exceeded the med-pay limits of $350,000, so the case went to trial to determine the value of the losses. The jury found in favor of Plaintiff for $1,375,292.00.

Libby jury found 12-0, in the amount of $600,197 for negligence of City of Eureka for mold in residence.

Eureka was held liable for failing to properly maintain the sewer line to the Plaintiffs, Stan and Bonnie Williams’s home. The Williamses built their home in 1994 and between 1994-1999 they experienced 6 sewer backups. The largest being in October of 1999 when they found “black water” covering over 1700 sq ft of the main floor of their home. The City responded and cleared the obstruction in the sewer main. A City employee stated the obstruction appeared to be roots that had penetrated the line. The Williamses called STAT Restoration to fix the flooding. As a cause of the sewer backup Stachybotrys mold was beginning to grow in the walls. The house was tested 5 months after the backup by MCS Environmental and no mold was found at that time. The State did another test a year later and found 2,500 spores per cubic meter of mold in the air. The Williamses vacated the home after they believed their 3 children’s illnesses were caused by the mold. The Williamses settled with STAT for $200,000 before trial. The jury deliberated for 5 hours, coming back 12-0 in favor of the Williamses against the City of Eureka for $600,197 in damages.

$250,000 Verdict in Medical Malpractice regarding delayed diagnosis of skin cancer.

Carol Code sued plastic surgeon Dr. Hetherington, and medical skin specialist Fern Hoolan and a nurse, alleging the team did not timely diagnose her basal cell skin cancer. The Billings jury did not find Dr. Hetherington negligent of causing Code’s injury, nor Hoolan and the nurse. But, the jury did find that Dr. Hetherington’s practice, Big Sky Cosmetic Surgery (BSCS) was negligent and engaged in unfair and deceptive practices which delayed the cancer diagnosis and cased damage to Code.

Bench judgment against waterslide manufacturer for $225,000.

Desiree Hall, her husband and 2 children were staying at the Windgate in Missoula. Hall was injured on the waterslide and suffered a C6-7 fracture dislocation which required hardware in an anterior cervical diskectomy and fusion. Medicals were in excess of $34,000, lost wages of $7000, and approximately $111,000 for lost future income. Judgment is for $225,000 plus 10% interest.

$683,962.00 jury verdict for man who sustained injury from the cause of a deck collapsing.

Ryan Funke was at the Diamond Horseshoe Bar (DHB) in Polson, on July 30, 2004, when the outside deck that he was standing on collapsed. Funke sustained injuries to his shoulder, back, knee and ankle. On the day of the collapse, a patron of DHB had called the City to come and inspect the deck because he thought that it would be likely that a large crowd would be on the deck that evening and he was worried about the safety of the deck. The City never did go to look at the deck; it collapsed 12 hours later. Due to Funke’s injuries he is permanently disabled as to his upper extremities. He has had three shoulder surgeries and he is permanently limited to light duty. Funke is an avid golfer and had even attended a golf school to further his career as a professional golfer. Due to his injuries he is unable to golf competitively or unable to be a golf professional at a golf course. Past medical are stipulated to be at $103,962.51, and Funke will have future medicals for possible risk of rotator cuff problems and traumatic arthritis. The jury awarded Funke, $103,962.51 past medicals, $40,000 past lost earnings, $40,000 future lost earnings, $250,000 course of life, and $250,000 past and future pain and suffering.

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