Archive | Benefits of a judgment

RSS feed for this section

Tempel v. Benson

Tempel v. Benson, 2015 MT 84 (April 21, 2015) (Baker, J.) (5-0, aff’d)

Issue: (1) Whether Tempel waived her right to appeal the jury verdict by accepting the benefits of the judgment; and (2) whether the district court abused its discretion in determining that Benson’s conduct did not warrant discovery sanctions.

Short Answer: (1) Yes, and (2) no.

Affirmed

Facts: Tempel sued Benson for negligence after the two were in a car accident. During discovery, Tempel sent Benson a request to admit violating certain traffic laws, and Benson denied the request. Tempel moved for summary judgment on negligence, and the district court granted her motion. Tempel also moved for Rule 37 sanctions for Benson’s failure to admit violating traffic laws; the district court denied the motion.…