Harding v. Deiss

¶1 Marsha Harding (Appellant) appeals from the denial by the Third Judicial District Court, Deer Lodge County, of her motion for a mistrial, and its issuance of a jury instruction on comparative negligence. We reverse.

¶2 We restate Appellant’s issues on appeal as follows:

I. Did the District Court err in allowing Respondents to present argument and jury instructions on comparative negligence?

II. Did the District Court err in preventing Appellant from addressing the issue of comparative negligence in her closing argument?

III. Were statements made by defense counsel in the jury’s presence…