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Legal Opinion

Upky v. Marshall Mountain, LLC

Montana Supreme Court

Decided March 18, 2008No. DA 06-0109PublishedCited by 17 opinions

1Opinion of the CourtJustice Warner

¶1 Third-party plaintiff Marshall Mountain, LLC (Marshall Mountain) appeals from a judgment entered in the Fourth Judicial District Court, Missoula County, in favor of third-party defendants Board of Missoula, Inc. and Board of Missoula, LLC (Board of Missoula), dismissing its third party complaint after a jury verdict in Board of Missoula’s favor.

¶2 We restate and address the issues on appeal as follows:

¶3 1. Did the District Court err when it granted Board of Missoula’s motion to amend its answer to allege comparative negligence by Chad Upky?

¶4 2. Was the jury’s verdict that Board of…

2Cases cited11 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Giambra v. KelseyMontana Supreme Court · 2007
  3. Drilcon, Inc. v. Roil Energy Corp., Inc.Montana Supreme Court · 1988
  4. Loomis v. LuraskiMontana Supreme Court · 2001
  5. Prentice Lumber Co. v. HukillMontana Supreme Court · 1972

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3Cited by17 opinions

  1. Lester Ammondson v. Northwestern CoMontana Supreme Court · 2009
  2. Ammondson v. Northwestern Corp.Montana Supreme Court · 2009
  3. Griffin v. MoseleyMontana Supreme Court · 2010
  4. Harris v. HansonMontana Supreme Court · 2009
  5. Fish v. HarrisMontana Supreme Court · 2008

12 more not listed; retrieve them via the Exa API.

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