(Download) "State Ex Rel. Bn v. District Court" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Bn v. District Court
- Author : Supreme Court of Montana
- Release Date : January 02, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 Laura Osterman (Osterman) brought this action in the District Court for the Eighth Judicial District, Cascade County, alleging actual and constructive fraud, negligent misrepresentation, negligence, negligent hiring of an independent contractor, breach of express warranty, and deceptive, unfair trade practices. Defendants moved for summary judgment on all claims. The District Court granted summary judgment to Defendants on Ostermans claims for actual and constructive fraud, unfair trade practices, and negligent misrepresentation. A jury trial ensued on the remaining claims, and a verdict was returned in favor of Osterman for breach of express warranty. Osterman thereafter sought attorney fees and costs. Following a hearing, the District Court concluded Osterman was entitled to attorney fees and costs for her breach of warranty claim only, reducing her requested amount based upon a pro rata calculation of the attorneys time spent on that claim. Osterman appeals the District Courts order granting summary judgment on her claims for fraud and unfair trade practices, as well as the courts award of attorney fees. We affirm in part, reverse in part, and remand.