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Reese v. Stanton

Reese v. Stanton, 2015 MT 293 (Oct. 13, 2015) (Rice. J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court abused its discretion in admitting into evidence opinions and reports of doctors who did not testify at trial; (2) whether the district court abused its discretion when it excluded evidence of the original charges billed by medical providers; and (3) whether the district court abused its discretion in striking portions of a video deposition as previously undisclosed expert opinion.

Short Answer: (1) yes, and the error affected the outcome of trial; (2) yes, as held in Meek; and (3) no.

Affirmed in part, reversed in part, and remanded for a new trial

Facts: In November 2009, while working for Montana Coffee Traders, Inc., Robin Reese was injured while riding in a van struck by a bus owned by Harlow’s School Bus Service.…

Sharbono v. Cole

Sharbono v. Cole, 2015 MT 257 (Sept. 1, 2015) (McGrath, C.J.; Baker, J., concurring) (5-0, rev’d)

Issue: (1) Whether the district court properly granted Coles’ motion in limine to exclude Sharbonos’ expert witnesses; and (2) whether the district court properly granted judgment to Coles and awarded them attorney fees.

Short Answer: (1) No; and (2) no.

Reversed and remanded

Facts: Sharbonos and Coles own adjoining parcels of land adjacent to Rock Creek in Carbon County. Sharbonos have a senior right to use water that arises on Coles’ property and flows or seeps into a pond on Sharbonos’ property. In 1994, Coles obtained a water use permit for a pond on their property, and in subsequent years engaged in development and construction activities, which Sharbonos contend greatly reduced or eliminated the flow of water onto their land.…