Archive | Jury verdict

RSS feed for this section

State v. Colburn

State v. Colburn, 2016 MT 246 (Oct. 4, 2016) (Rice, J.; McKinnon, J., dissenting) (5-2, aff’d)

Issue: Whether sufficient evidence supported Colburn’s convictions of attempted sexual abuse of children.

Short Answer: Yes.

Affirmed

Facts: Colburn was a houseguest of his supervisor at the youth center/video store where he volunteered, staying in her converted garage. His supervisor noticed that someone had entered the term “preteen pussy” into a search engine on the video store computer. She texted Colburn to ask if she could use his person computer in the converted garage. He consented, and she found similar terms on that computer. She reported her findings to the police chief, who obtained and executed a search warrant of the garage, removing Colburn’s computer.…

McColl v. Lang

McColl v. Lang, 2016 MT 255 (Oct. 11, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion in granting Lang’s motion to exclude certain evidence, and (2) whether the district court abused its discretion in denying McColl’s motion to exclude the testimony of Lang’s expert witness.

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

Affirmed

Facts: Lang is a licensed naturopathic physician. McColl saw Lang in 2012 and discussed a blemish on her nose that she wished to remove. A month later, McColl returned to Lang’s office where he applied black salve, an escharotic agent, to the blemish on McColl’s nose. Lang sent her home with instructions to return. A few days later, McColl returned and Lang reapplied black salve.…

Petaja v. Montana Public Employees’ Association (MPEA)

Petaja v. Montana Public Employees’ Association (MPEA), 2016 MT 143 (June 8, 2016) (Rice, J.; McGrath, C.J., concurring) (5-0, aff’d)

Issue: (1) Whether substantial evidence supported the jury verdict finding MPEA breached its duty of fair representation; (2) whether the jury verdict was contrary to the instructions and the law; (3) whether Petaja’s claim was barred by res judicata; and (4) whether the district court had authority to award attorney fees. 

Short Answer: (1) Yes; (2) no; (3) this claim was waived for purposes of appellate review; and (4) no.

Affirmed

Facts: Petaja was terminated from her position with Lewis and Clark County as the clinic coordinator of the WIC program. The county claimed Petaja was terminated due to reorganization; she claims she was terminated because of her age, 59.…

State v. Weber

State v. Weber, 2016 MT 138 (June 7, 2016) (Wheat, J.) (5-0, rev’d)

Issue: (1) Whether the district court abused its discretion by refusing to admit the inventory list offered by defense counsel; (2) whether the district court abused its discretion by limiting defense counsel’s examination of defense investigator Peck; and (3) whether defense counsel rendered ineffective assistance of counsel by failing to admit the evidence.

Short Answer: (1) No; (2) no; and (3) yes.

Reversed and remanded for a new trial

Facts: Weber was a janitor at Sydney High School. He was working the night a tool used to cut metal and steel went missing from the high school shop classroom. The principal later identified Weber on surveillance video on the shop the night the plasma cutter disappeared.…

Pacific Hide & Fur Depot v. Emineth Custom Homes, Inc.

Pacific Hide & Fur Depot v. Emineth Custom Homes, Inc., 2016 MT 114 (May 17, 2016) (McGrath, C.J.) (5-0, aff’d & rev’d)

Issue: Whether the district court properly entered judgment following the jury’s verdict. 

Short Answer: No. It erred in assuming Pacific was entitled to a refund of its down payment.

Affirmed in part, reversed in part, and remanded

Facts: Pacific put a warehouse construction and office/shop remodeling project out for bid in 2011, and awarded the contract to Emineth as the low bidder. An unsuccessful bidder threatened to cancel a rail siding lease if Emineth were allowed to proceed, and Pacific revoked the contract with Emineth. Shortly thereafter Pacfici entered into two contracts with Emineth, one for renovating the office/shop and one to build employee housing.…

Cleveland v. Ward

Cleveland v. Ward, 2016 MT 10 (Jan. 12, 2016) (Shea, J.; Cotter, J., concurring) (7-0, aff’d)

Issue: (1) Whether the district court improperly excluded trial testimony of Cleveland’s treating physician; (2) whether the district court improperly excluded trial testimony of Cleveland’s physical therapist; (3) whether the district court erred in granting a directed verdict on Cleveland’s claim that her rotator cuff tear and shoulder arthritis were caused by the collision; and (4) whether the district court erred in concluding that Cleveland could not recover damages incurred by Shelby House.

Short Answer: (1) No; (2) no; (3) no; and (4) no.

Affirmed

Reis v. Luckett

Reis v. Luckett, 2015 MT 337 (Dec. 2, 2015) (Cotter, J.; McKinnon, J., dissenting) (4-1, aff’d)

Issue: Whether the district court erred in granting Reis’s motion for a new trial.

Short Answer: No.

Affirmed

Facts: Scott Reis and Austin Luckett were in a serious three-car accident in February 2010. Luckett admitted liability. Later that day, Reis claimed he began to experience neck and back pain as well as pain in his left hand little finger. Over the next several months, Reis sought treatment from a family nurse practitioner as well as a chiropractor, pain specialist, and orthopedist.

Procedural Posture & Holding: The district court held a jury trial in December 2014 and the jury found Luckett’s negligence did not cause Reis’s injuries.…

Public Land/Water Access Assoc., Inc. v. Jones

Public Land/Water Access Assoc., Inc. v. Jones, 2015 MT 299 (Oct. 15, 2015) (Cotter, J.; Rice, J., concurring & dissenting) (4-1, aff’d & rev’d)

Issue: (1) Whether the district court erred in awarding money damages as supplemental declaratory relief; (2) whether the district court erred in failing to consider ownership of the railroad car bridge or its suitability as a bridge in violation of PLWA IV; and on cross-appeal, (3) whether the district court erred by not awarding PLWA reasonable attorney fees and costs.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed (1 & 2), reversed (3) and remanded for attorney fees

Facts: Roger Jones bought Boadle Ranch in 2000, a 4,900-acre ranch in Teton County. Since then, he has prohibited public use of the two main roads transecting the ranch, Boadle Road and Canal Road.…

Siebken v. Voderberg

Siebken v. Voderberg, 2015 MT 296 (Oct. 13, 2015) (Baker, J.; Cotter, J., concurring) (6-0, aff’d)

Issue: (1) Whether Siebken is entitled to a new trial based on the district court’s admission of a letter regarding Siebken’s medical history and diagnosis; (2) whether Siebken is entitled to a new trial because the district court erroneously instructed the jury on the statute of limitations; and (3) whether substantial evidence supported the jury verdict.

Short Answer: (1) No; (2) the Court declines to review this issue because Siebken did not preserve the issue for appeal; and (3) yes.

Affirmed

Facts: In Siebken I, this Court reversed summary judgment for Voderberg on statute of limitations grounds. On remand, the primary factual dispute at trial was when the three-year statute began to run on Siebken’s negligence claim.…

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.…