Legal Opinion

Walls v. Rue

Montana Supreme Court

Decided August 11, 1988No. 88-085PublishedCited by 8 opinions

1Opinion of the CourtJustice McDONOUGH

This appeal from the Ninth Judicial District presents a single issue for review: Should a new trial be ordered on damages under Gehnert v. Cullinan where the jury in its special verdict found both that plaintiff’s injuries were caused by defendant’s negligence and that plaintiff would incur future medical expenses for treatment of those injuries, yet failed to award plaintiff anything for future pain and suffering and other elements of damage?

We decline to order a new trial and affirm.

Appellant Walls sued respondent Rue for injuries stemming from an automobile accident which occurred on…

2Cases cited4 opinions

  1. Lauman v. LeeMontana Supreme Court · 1981
  2. Nelson v. HartmanMontana Supreme Court · 1982
  3. Maykuth v. EatonMontana Supreme Court · 1984
  4. Gehnert v. CullinanMontana Supreme Court · 1984

3Cited by8 opinions

  1. Billings Clinic v. Peat Marwick Main & Co.Montana Supreme Court · 1990
  2. Albinger v. HarrisMontana Supreme Court · 2002
  3. Oberson v. United StatesDistrict Court, D. Montana · 2004
  4. Feller v. FoxMontana Supreme Court · 1989
  5. Tappan v. HigginsMontana Supreme Court · 1989

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