BM by Berger v. State

I respectfully dissent. Here, the trial court had before it, evidence upon which it could base a verdict concerning the issue of damages. For example, B.M. was required to repeat one year in school, an item of damages which we have previously ruled as compensable. Gravely v. Springer (1965), 145 Mont. 486, 490, 402 P.2d 41, 43; she regressed developmentally by refusing to feed and dress herself; she was called a “retard” at school, was taunted about flunking, and suffered emotional insecurity.

Even though a judgment for damages must be supported by evidence that is not the product of mere…