Date: 08-10-1998

Case Style: Jerry McGillen v. Plum Creek Timber Company

Case Number: 98-065

Judge: Katherine R. Curtis

Court: District Court, Eleventh Judicial District, Flathead County, Montana

Plaintiff's Attorney: Dean K. Knapton, Kalispell, Montana

Defendant's Attorney: Todd A. Hammer of Warden, Christiansen, Johnson & Berg, PLLP, Kalispell, Montana

Description: Plantiff worked for defendants manufacturing company in Columbia Falls, Montana. McGillen placed an ad in the Mountain Trader, a weekly trade publication. The ad appeared in the May 26, 1995, issue of the Mountain Trader and advertised the sale of a truck and indicated that interested persons should call late in the evening. The ad included DeReu's name and telephone number. McGillen had no permission or authority from DeReu to place the ad. When confronted by his supervisors, McGillen denied any involvement with the ad. Later, he changed his position and admitted to placing the ad when Plum Creek hired an investigator. Plum Creek found that McGillen had violated company policy and terminated him. McGillen filed a suit for wrongful discharge.

Outcome: A jury trial resulted in a verdict that McGillen had not been wrongfully discharged.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed by the Supreme Court of Montana. See: 964 P.2d 18 (Mont. 1998) The date shown above is the date of the appellate court decision and not the trail date. Reported by kms, verdicts@morelaw.com