Hoffman v. Town Pump, Inc.

Appellant David Hoffman appeals from an amended order of the Sixteenth Judicial District, Rosebud County, granting respondent Town Pump, Inc.’s, motion for a directed verdict because appellant failed to exhaust available internal procedures for wrongful discharge prior to filing an action against respondent, as required by Section 39-2-911(2), MCA.

We affirm in part and reverse in part.

Two issues are presented to this Court for review:

1. Did the District Court err in granting respondent’s motion for a directed verdict?

2. Did the District Court err in awarding respondent $25,000 in attorney…