Valeo v. Tabish

¶ 1 James and Marcia Valeo contracted with Frank Tabish to transport fill dirt onto their property. In performing this work, trucks were driven over the Valeos’ driveway. As a result, the Valeos claim that the pavement of their driveway was damaged.

¶2 The Valeos submitted a claim to Tabish’s insurer which was denied. The Valeos then filed a negligence action in the Fourth Judicial District, Missoula County. Tabish answered and asserted several affirmative defenses which alleged the Valeos’ own negligence, and requested attorney’s fees and costs pursuant to § 25-10-303, MCA. The Valeos filed a…