Legal Opinion

McDermott v. CARIE, LLC

Montana Supreme Court

Decided November 22, 2005No. 04-828PublishedCited by 38 opinions

1Opinion of the CourtJustice Nelson

¶1 Kieran McDermott (McDermott) suffered an injury while he was a paying guest at the Horse Prairie Ranch (HPR) and he sued alleging negligence and actual malice. A jury found in favor of HPR and awarded it the costs incurred in the action with interest. McDermott appeals from that judgment.

¶2 McDermott raises three issues on appeal:(1) Whether the District Court abused its discretion when it admitted a redacted version of a prospective release from liability as evidence that McDermott was aware of the inherent risks involved in his participation in equine activities;(2) Whether the District…

2Cases cited27 opinions

  1. Walton v. ArizonaSupreme Court of the United States · 1990
  2. State v. WaltonArizona Supreme Court · 1989
  3. Busta Ex Rel. Busta v. Columbus Hospital Corp.Montana Supreme Court · 1996
  4. Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
  5. Kopischke v. First Continental Corp.Montana Supreme Court · 1980

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

3Cited by38 opinions

  1. Lorang v. Fortis InsuranceMontana Supreme Court · 2008
  2. Montanans for Justice: Vote No on CI-98 Not in Montana: Citizens Against CI-97 & Property Owners Against I-154 v. State Ex Rel. McGrathMontana Supreme Court · 2006
  3. Prindel v. Ravalli CountyMontana Supreme Court · 2006
  4. Chase v. Bearpaw Ranch Ass'nMontana Supreme Court · 2006
  5. Faulconbridge v. StateMontana Supreme Court · 2006

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

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