Okland v. Wolf

I dissent. On the four issues presented by the appellant on appeal, I would find as to Issue 1 that there was not substantial evidence to *46support the jury’s verdict; as to Issue 2, that the defendant was entitled to a judgment as a matter of law, based on our decision in Olson v. Parchen (1991), 249 Mont. 342, 816 P.2d 423; as to Issue 3, that the defendant is entitled to a new trial because the District Court gave the jury an erroneous instruction; and as to Issue 4, that the defendant is entitled to a new trial based on improper closing arguments by the plaintiff’s attorney.

As to Issue 1,…