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Notable Reported Cases

In re: Montana Power Company (1979) 180 Mont. 385, 590 P.2d 1140: Ruling establishing law that original cost depreciation is to be used in rate base calculation, not fair value.

State Bank of Townsend v. Maryann’s (1982) 204 Mont. 21, 664 P.2d 295: Ruling permitting use of financial projections to establish damages.

State ex rel. Dep’t. of Public Service Regulation v. Montana Irrigators (1984) 209 Mont. 375, 680 P.2d 963: Ruling establishing basic concepts for use in ratemaking.

Montana Power Company v. Montana Public Service Commission (1984) 214 Mont. 82, 692 P.2d 432: Ruling establishing Public Service Commision’s use of discretion in setting utility rates.

Kimes v. Herrin (1985) 217 Mont. 330, 705 P.2d 108: Ruling requiring exclusion of evidence when its probative value outweighed by prejudice.

State Fund v. Chapman (1994) 267 Mont. 484, 885 P.2d 407: Ruling that Workers’ Compensation Court could not set aside its own judgment entered more than two years earlier.

Dagel v. Farmers Insurance Group (1995) 273 Mont. 402, 903 P.2d 1359: Ruling permitting pursuit of underinsurnace proceeds without exhausting underlying policy limits.

Bueling v. Swift 1998 MT 112: Ruling preventing multiple defendants from each having four peremptory challenges unless hostility is established.

Harding v. Deiss 2000 MT 169: Ruling that comparative negligence is not an appropriate defense in medical negligence case.

McCauley v. Thompson-Nistler 2000 MT 215: Ruling regarding evidence necessary to establish public prescriptive easement.

Dyess v. Meagher County 2003 MT 78: Ruling stating EMT trainee was not an employee for purposes of determining workers compensation exclusivity.

Edie v. Gray 2005 MT 224: Ruling stating that a tenant need not give a landlord notice of unsafe conditions and that failure to provide fit and habitable living space is violative of the Montana Residential Landlord Tenant Act as a matter of law.