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Milodragovich,
Dale, Steinbrenner
& Nygren P.C.
620
High Park Way
P.O. Box 4947
Missoula, Montana
59806-4947
Telephone:
(406) 728-1455
Fax:
(406) 549-7077
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Wilson v. Turn of the Century, Yellowstone DV 04-855, 3/9/06
VERDICT:
Defense, assault, dram shop/premises liability,
broken jaw.
A
Billings jury found that Turn of the Century was not
negligent in connection with injuries sustained by
Adam Wilson in an assault outside its High Stakes
Casino in Billings 4/13/04. The written verdict was
9-0 with 3 undecided, but when polled the vote was
8-4 according to Plaintiff, 9-3 according to
Defendant.
Wilson
claimed that the assaulter came from inside the bar
and that it had inadequate security for failure to
have bouncers and/or doormen on a Tuesday evening.
Defendant claimed that there was a prior
relationship between Wilson and his attacker. It
denied any negligence but contended that the
attacker's intentional conduct relieved the casino
of liability even if it was negligent.
Judge
Baugh granted summary judgment for Defendant on
Wilson's dram shop claims and granted Defendant's
motion in limine to keep dram shop issues out of the
premises liability case. He instructed on
intervening cause, and declined to give a non-party
apportionment instruction under §27-1-703. He
declined to instruct on punitives, which he
acknowledged amounted to a directed verdict against
punitives.
Wilson,
23, suffered a broken jaw, surgeries, and lost
wages.
Plaintiff's
expert: Fred Del Marva, Phoenix (tavern
security/premises liability).
Defendant's
expert: Rosemary Erickson, Sioux Falls (premises
liability/security).
Demand,
$65,000; offer, $12,000. Jury request, $350,000;
jury suggestion, 0.
Mediator,
Jock Schulte.
Jury
deliberated ½ hour 3rd day.
Wilson
v. Turn of the Century, Yellowstone DV 04-855,
3/9/06.
Edward
Moriarity & Shandor Badaruddin (Moriarity,
Badaruddin & Booke), Missoula, for Wilson;
Patrick HagEstad & Perry Schneider (Milodragovich,
Dale, Steinbrenner & Binney), Missoula, for Turn
of the Century (Diamond States Ins.).
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