Procedure: Motions: Generally


Alexander v. Bozeman Motors, Inc., 2010 MT 135 To survive a summary judgment motion on an intentional injury claim, an employer or fellow employee’s intent may be inferred from the facts and circumstances.  Direct proof that the employer or fellow employee intended to cause an intentional injury is not required, since criminal intent is rarely susceptible of direct or positive proof.  Summary judgment was properly granted against one claimant, who failed to show actual knowledge by the employer of certain injury. A second claimant raised genuine issues of material fact when he showed he was sent by the employer to work at the office where the prior claimant complained the air was making him sick, the employer failed to investigate the cause of the prior employee’s sickness, and withheld information about the prior employee’s sickness.


Peters v. American Zurich Ins Co. [07/31/13] 2013 MTWCC 17 Where Petitioner failed to substantively address the merits of Respondent’s argument, and where the Court found Respondent’s argument to be supported by the case law and statutes which Respondent cited in its brief, the Court concluded that Respondent’s motion was well-taken and granted its motion for summary judgment on the issue.

Insurance Company of State of Pennsylvania and Carol Bergquist v. State Fund [05/02/00] 2000 MTWCC 26 Where time for filing motion to amend response to petition has been set in WCC scheduling order, and missed by one day by moving party, the question is whether there is good cause to extend the deadline and excuse the moving party from its failure to file a timely motion. Where the deadline was missed by one day, the parties have already agreed to postpone the trial date, and the proposed amendments appear to state tenable defenses, the amendment of the response is allowed.
Stormont v. National Union Fire of Pittsburgh [01/03/96]1996 MTWCC 1 While lack of supporting affidavits and discovery may not always be fatal to a motion for summary judgment (for example, where the briefs reveal agreement to facts necessary to resolve the motion), summary judgment will be denied where the moving party does not comply with rules requiring authenticated evidence or sworn discovery to support the motion.