8 Montana opinions name it 1 courts 1972–2000 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Goggans v. Winkleygreen2 sentences2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case 2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case | 1 | 3 |
McWilliams v. Clemgreen2 sentences2000See McWilliams v. Clem (1987), 228 Mont. 297, 309 , 743 P.2d 577, 585 (concluding that bonding company payment should be deducted from total amount of damages where notary is joint tortfeasor). ¶63 Five U’s, Inc. does, however, provide the collateral source rule, which is applicable on principle here. 2000See McWilliams v. Clem (1987), 228 Mont. 297, 309 , 743 P.2d 577, 585 (concluding that bonding company payment should be deducted from total amount of damages where notary is joint tortfeasor). ¶63 Five U’s, Inc. does, however, provide the collateral source rule, which is applicable on principle here. | 1 | 1 |
Thomsen v. State Ex Rel. Department of Highwaysgreen2 sentences2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case 2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case | 1 | 1 |
Christine H. Patterson v. Norfolk and Western Railway Company, a Foreign Corporationgreen1 sentence1985See generally Patterson v. Norfolk and Western Railway Co. (6th Cir. 1973), 489 F.2d 303 ; Blake v. Delaware and Hudson Railway Co. (2nd Cir. 1973), 484 F.2d 204 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hrnjak v. Graymar, Inc.
green
2 sentences2000Admission despite such ominous potential should be permitted only upon such persuasive showing that the evidence sought to be introduced is of substantial probative value. [Emphasis added.] Thomsen, 253 Mont. at 463 , 833 P.2d at 1078 (quoting Hrnjak v. Graymar, Inc. (1971), 4 Cal.3d 725 , 94 Cal.Rptr. 623 , 484 P.2d 599, 604 ). ¶ 39 Additionally, this Court held in Mydlarz that it was reversible error for a district court to admit evidence that a plaintiff had received workers' compensation benefits. 2000Admission despite such ominous potential should be permitted only upon such persuasive showing that the evidence sought to be introduced is of substantial probative value. [Emphasis added.] Thomsen, 253 Mont. at 463 , 833 P.2d at 1078 (quoting Hrnjak v. Graymar, Inc. (Cal. 1971), 484 P.2d 599, 604 ). ¶39 Additionally, this Court held in Mydlarz that it was reversible error for a district court to admit evidence that a plaintiff had received workers’ compensation benefits. | 2 | 1992–2000 |
Allers v. Willis
green
2 sentences2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case 2000See also Thomsen v. State, Dept. of Highways (1992), 253 Mont. 460 , 833 P.2d 1076 (in a personal injury action, admission of evidence concerning availability of medical and rehabilitation services for plaintiff from the Veterans Administration was error); Allers v. Willis (1982), 197 Mont. 499 , 643 P.2d 592 (the fact that plaintiff, who was injured in an automobile accident, had a pending workers’ compensation claim was inadmissible); Goggans v. Winkley (1972), 159 Mont. 85, 91 , 495 P.2d 594, 598 (“Injection of collateral matters involving transactions between others, which are in this case | 1 | 2000–2000 |
Tribby v. Northwestern Bank of Great Falls
green
2 sentences1998Tribby v. Northwestern Bank of Great Falls (1985), 217 Mont. 196, 209 , 704 P.2d 409, 417 . 1998Tribby v. Northwestern Bank of Great Falls (1985), 217 Mont. 196, 209 , 704 P.2d 409, 417 . | 1 | 1998–1998 |
Butte Community Union v. Lewis
green
2 sentences1994Butte Community Union v. Lewis (1986), 219 Mont. 426, 430 , 712 P.2d 1309, 1311 . 1994Butte Community Union v. Lewis (1986), 219 Mont. 426, 430 , 712 P.2d 1309, 1311 . | 1 | 1994–1994 |
Edward W. Blake v. Delaware and Hudson Railway Company
green
1 sentence1985See generally Patterson v. Norfolk and Western Railway Co. (6th Cir. 1973), 489 F.2d 303 ; Blake v. Delaware and Hudson Railway Co. (2nd Cir. 1973), 484 F.2d 204 . | 1 | 1985–1985 |
Burk Royalty Company v. Jacobs
green
1 sentence1972In the Oklahoma case, Burk Royalty Company v. Jacobs, (Okl.1963), 387 P.2d 638, 640 , the landowners brought action against oil and gas lessee for damages to surface of land by salt water and oil pollution. | 1 | 1972–1972 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.