Barile v. Atlantic Richfield

¶1 Appellants Jody Barile, d/b/a Tripp and Dragstedt Apartments (Barile), and James Kuss (Kuss), appeal the denial by the Second Judicial District Court, Silver Bow County, of their motion for judgment as a matter of law and their motion for a new trial. We affirm.

¶2 We address the following issues on appeal:

¶3 Whether the District Court correctly denied Barile’s Rule 50 motion for judgment as a matter of law.

¶4 Whether the District Court correctly denied Barile’s Rule 59 motion for a new trial.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 The Tripp and Dragstedt Apartments are located in uptown Butte,…