Kingman v. Weightman
2017 MT 224
| Mont. | 2017Background
- In Sept. 2008 Kingman was arrested after a bar altercation; police seized his personal property, including a wristwatch shown in hospital photos.
- Kingman was convicted of aggravated assault; his conviction was affirmed by this Court on Nov. 1, 2011.
- Montana law allows property seized as evidence to be claimed; if not claimed within six months after completion of the case, it may be disposed of.
- Kingman did not apply for return of the watch during or after his criminal proceedings; the City could have disposed of the property as of May 1, 2012.
- Kingman received letters in Dec. 2013 and Mar. 2014 about the watch; the Mar. 2014 letter said the watch was not his.
- Kingman sued Weightman for conversion (labeled theft/malicious intent) on July 9, 2015; the District Court granted summary judgment for Weightman as time-barred under the two-year limitations period for conversion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kingman's conversion claim was time-barred | Kingman claimed he did not discover Weightman’s wrongful refusal to return the watch until March 2014 | Weightman argued the conversion claim accrued no later than six months after Kingman’s criminal case ended (May 1, 2012), so the two-year statute expired May 1, 2014 | Claim accrued by May 1, 2012 (at latest); suit filed July 9, 2015 was untimely — summary judgment affirmed |
Key Cases Cited
- Johnson Farms, Inc. v. Halland, 366 Mont. 299, 291 P.3d 1096 (2012) (determine statute of limitations by substance of complaint)
- Belanus v. Potter, 387 Mont. 298, 394 P.3d 906 (2017) (standard of review for summary judgment)
- Ehrman v. Kaufman, 358 Mont. 519, 246 P.3d 1048 (2010) (statutory construction and accrual issues reviewed for correctness)
- Gebhardt v. D.A. Davidson & Co., 203 Mont. 384, 661 P.2d 855 (1983) (elements of conversion defined)
- Action Enters. by & Through Lindeman v. McCalla, 259 Mont. 167, 855 P.2d 111 (1993) (applying § 27-2-207 to conversion claims)
- E.W. v. D.C.H., 231 Mont. 481, 754 P.2d 817 (1988) (policy of statutes of limitation to suppress stale claims)