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

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.

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). · cites it 9× “Section 27-1-203, MCA, provides that "damages may be awarded .”
E.W. v. D.C.H., 754 P.2d 816 (Mont. 1988). · cites it 5× “Section 27-1-203, MCA, provides that “damages may be awarded .”
Graveley Ranch v. Scherping, 782 P.2d 371 (Mont. 1989). · cites it 8× “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). · cites it 4× “Section 27-1-203, MCA, provides that "damages may be awarded .”
Frisnegger v. Gibson, 598 P.2d 574 (Mont. 1979). · cites it 6× “Section 27-1-203 MCA (formerly section 17-203, R.”
Oberson v. United States, 311 F. Supp. 2d 917 (D. Mont. 2004). · cites it 4× “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). · cites it 6× “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). · cites it 6× “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). · cites it 4× “Section 27-1-203, MCA, provides that “damages may be awarded .”
Burk Ranches, Inc. v. State, 790 P.2d 443 (Mont. 1990). · cites it 4× “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). · cites it 3× “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). · cites it 3× “’ 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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.