27-1-203. Right to damages for detriment resulting after suit brought and for future detriment. Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof or certain to result in the future.
Montana Code Annotated
Mont. Code Ann. § 27-1-203 (2026)
Right To Damages For Detriment Resulting After Suit Brought And For Future Detriment
✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 2. Damages
Right To Damages For Detriment Resulting After Suit Brought And For Future Detriment
History: En. Sec. 4272, Civ. C. 1895; re-en. Sec. 6042, Rev. C. 1907; re-en. Sec. 8661, R.C.M. 1921; Cal. Civ. C. Sec. 3283; Field Civ. C. Sec. 1834; re-en. Sec. 8661, R.C.M. 1935; R.C.M. 1947, 17-203.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1979–2024 · leading case: Stark v. Circle K Corp., 751 P.2d 162 (Mont. 1988).
Stark v. Circle K Corp., 751 P.2d 162 (Mont. 1988). “Section 27-1-203, MCA, provides that "damages may be awarded .”
E.W. v. D.C.H., 754 P.2d 816 (Mont. 1988). “Section 27-1-203, MCA, provides that “damages may be awarded .”
Graveley Ranch v. Scherping, 782 P.2d 371 (Mont. 1989). “However, "it is not necessary to know the total extent of damages that an act causes to begin the running of the statute of limitations."... Few are the injuries that could not someday develop *376 additional consequences.”
Ew v. Dch, 754 P.2d 817 (Mont. 1988). “Section 27-1-203, MCA, provides that "damages may be awarded .”
Frisnegger v. Gibson, 598 P.2d 574 (Mont. 1979). “Section 27-1-203 MCA (formerly section 17-203, R.”
Oberson v. United States, 311 F. Supp. 2d 917 (D. Mont. 2004). “Mont.Code Ann. § 27-1-203; Frisnegger v. Gibson, 183 Mont.”
Kerr v. Gibson's Prods. Co. of Bozeman, Inc., 733 P.2d 1292 (Mont. 1987). “Section 27-1-203, MCA, provides that damages may be awarded in a judicial proceeding for detriment resulting after commencement thereof ‘or certain to result in the future.”
Ewing v. Esterholt, 684 P.2d 1053 (Mont. 1984). “O’Donnell to base his estimate of respondent’s lost earnings on profits of the corporation in which respondent was the majority shareholder. In Montana, damages may be awarded for detriment which has accrued up to the time of trial and detriment which is “certain to result in…”
Montana Pole & Treating Plant v. IF Laucks & Co., 775 F. Supp. 1339 (D. Mont. 1991). “Section 27-1-203, MCA, provides that “damages may be awarded .”
Burk Ranches, Inc. v. State, 790 P.2d 443 (Mont. 1990). “Montana law provides that tortfeasors are liable for all damages caused in fact and proximately caused by their negligence, § 27-1-317, MCA, including reasonably certain future damages, § 27-1-203, MCA. The State admitted liability for the collapse of the dam apparently relying…”
Martinell v. Montana Power Co., 886 P.2d 421 (Mont. 1994). “The amount of front pay, $275,883, was the estimate provided by Martinell’s expert to equal the difference *324 between the average future earnings of lab technicians in Montana working for other employers and future earnings of MPC’s lab technicians, reduced to present value.…”
Graham v. Clarks Fork Nat'l Bank, 631 P.2d 718 (Mont. 1981). “’ While no case in Montana has construed this statute, it has always been the practice in Montana to instruct juries that future damages need only be reasonably certain, and not absolutely certain as the statute seems to imply.”
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