Tillett v. Lippert
Montana Supreme Court
JUSTICE LEAPHART delivered the Opinion of the Court. Defendants appeal from the Findings of Fact, Conclusions of Law and Judgment of the Montana Thirteenth Judicial District Court, Carbon County, partitioning real property and awarding compensatory and punitive damages against the estate of Kenneth Lippert. We affirm.
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JUSTICE LEAPHART delivered the Opinion of the Court. Defendants appeal from the Findings of Fact, Conclusions of Law and Judgment of the Montana Thirteenth Judicial District Court, Carbon County, partitioning real property and awarding compensatory and punitive damages against the estate of Kenneth Lippert. We affirm. We restate the issues raised on appeal as follows: 1. Did the District Court err in modifying the partition recommendation of the referee? 2. Did the District Court err in awarding compensatory and punitive damages for assault against the Estate of Kenneth Lippert? BACKGROUND…
1DissentJustice Erdmann
I concur with the Court’s holding in Issue 1. However, I dissent from the majority’s holding in Issue 2 that the District Court did not err in awarding punitive damages against the Estate of Kenneth Lippert. However reprehensible Mr. Lippert’s conduct, under the plain language of § 27-1-220, MCA, and the rationale of a majority of jurisdictions which have examined this issue, punitive damages are not awardable against a tortfeasor’s estate.
The majority has chosen to follow the reasoning of a very narrow minority — four out of thirty-one jurisdictions — to impose punitive damages on a…
2Cases cited10 opinions
- Hofer v. LavenderTexas Supreme Court · 1984
- Wisker Ex Rel. Wisker v. HartSupreme Court of Kansas · 1988
- Allen v. AndersonNevada Supreme Court · 1977
- Parker v. ArteryWyoming Supreme Court · 1995
- Lohr v. ByrdSupreme Court of Florida · 1988
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3Cited by27 opinions
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- Finstad v. W.R. Grace & Co.Montana Supreme Court · 2000
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