$2.5 Million Wrongful Death Verdict for Families of Two Women Killed in Montana Fuel-Truck Crash

In 2006, two women, Joan Bowman and Theresa Messick, were killed on a Park County, Montana road when the driver of a large fuel truck operated by Patrol Helicopters, Inc. made a turn without signaling. Darrell Bowman, who was driving the vehicle in which both women were passengers, had no warning the truck was turning and attempted to pass it. The collision was fatal.

C. Thomas Messick and Darrell E. Bowman brought suit in the U.S. District Court for the District of Montana, individually and on behalf of the estates of Theresa Messick and Joan Bowman. The case was tried before Judge Carolyn S. Ostby in Butte.

Over seven days of trial, attorneys Alexander Blewett III and Joseph Cosgrove of Hoyt and Blewett PLLC presented evidence that the truck driver's failure to signal was the direct cause of the crash. The defense argued Bowman should have slowed before attempting to pass, but testimony supported the conclusion that he had no reason to anticipate the truck was turning. The jury found Patrol Helicopters negligent and allocated full responsibility for the plaintiffs' damages.

In November 2008 the jury returned a verdict of $2,505,000. Patrol Helicopters appealed, raising challenges to evidentiary rulings including the district court's exclusion of certain testimony and the admission of digital stills from a video animation used to illustrate expert opinion. The Ninth Circuit, in a December 2009 memorandum disposition (360 Fed.Appx. 786, No. 09-35066), unanimously affirmed the district court's judgment without reduction.