Voegel v. Salsbery
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The Supreme Court reversed the order of the district court granting a new trial and vacating the underlying judgment on a $168,500 jury verdict in favor of Plaintiff in an admitted-liability automobile accident case, holding that the district court abused its discretion when it concluded that Plaintiff did not receive a fair trial under Mont. Code Ann. 25-11-102(1).
Plaintiff sued Defendant seeking damages for the injuries she received when Defendant rear-ended her. The jury rendered a verdict that Plaintiff was not contributorily negligent, she was injured in the collision, and the general damages sustained totaled $168,500. Thereafter, the district court granted Plaintiff's motion for a mistrial, ordered a new trial, and vacated the judgment, concluding that two statements by Plaintiff's counsel constituted an irregularity preventing a fair trial under Mont. Code Ann. 25-11-102(1). The Supreme Court reversed, holding that the district court misapplied Mont. R. Evid. 411 and abused its discretion when it ordered a new trial because the disputed statements were not sufficiently prejudicial to warrant a new trial.
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