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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.


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.…