Justia Construction Law Opinion Summaries

Articles Posted in Trusts & Estates
Plaintiff Carter Boehm, Trustee, sued Defendants Cokedale, L.L.C. and Allen Carter for property damages when, during construction of a road to reach Defendants' land, rocks of various sizes rolled downhill onto Plaintiff's property. Plaintiff subsequently added claims for assault and battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. The district court granted summary judgment in favor of Defendants, concluding that Boehm was not the trustee of any trust validly established under Montana law, and therefore Boehm was perpetuating the lawsuit on behalf of a non-existent trust. The district court also awarded Defendants attorneys' fees and costs. The Supreme Court affirmed in part and reversed in part, holding (1) the district court properly granted summary judgment to Defendants pursuant to Mont. R. Civ. P. 17(a), which requires that every action shall be prosecuted in the name of the real party in interest; and (2) the district court abused its discretion in awarding attorneys' fees to Defendants. The award of fees was reversed. View "Boehm v. Cokedale" on Justia Law