Olson v. Shumaker Trucking & Excavating Contractors, Inc.

¶ 1 Shumaker Trucking and Excavating Contractors, Inc. (Shumaker) appeals from various rulings of the Eighth Judicial District, Cascade County, during the course of a jury trial where the jury found in favor of Cody J. Olson (Olson). Olson cross-appeals the District Court’s denial of his motion for summary judgment on the issue of contributory negligence. We affirm.

¶2 Shumaker presents the following issues for review:

¶3 Whether the District Court properly instructed the jury as to Shumaker’s negligence.

¶4 Whether the District Court properly excluded evidence of Olson’s alleged preexisting…