Legal Opinion

Gurnsey v. Conklin Co., Inc.

Montana Supreme Court

Decided March 31, 1988No. 87-70PublishedCited by 15 opinions

1Opinion of the CourtJustice Weber

The plaintiffs brought this multi-count action to recover damages for a partial crop loss. The action was tried by jury in the District Court for the Eighth Judicial District, Cascade County. Plaintiffs obtained a judgment including $132,500 in compensatory damages and $1,000,200 in punitive damages. We reverse and remand for retrial.

Defendant Conklin Company, Inc. (Conklin) has raised thirteen issues on appeal. We restate them as follows:

*451. Did the District Court err by not granting a mistrial as a result of the prejudicial testimony of John Gurnsey concerning the death of his wife?

2. Did the…

2Cases cited6 opinions

  1. Johnson v. Supersave Markets, Inc.Montana Supreme Court · 1984
  2. Safeco Insurance v. EllinghouseMontana Supreme Court · 1986
  3. Simonson v. WhiteMontana Supreme Court · 1986
  4. Kinjerski v. LameyMontana Supreme Court · 1981
  5. Avery v. City of AnacondaMontana Supreme Court · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Seltzer v. MortonMontana Supreme Court · 2007
  2. Gilchrist Timber v. ITT Rayonier, Inc.Supreme Court of Florida · 1997
  3. Frigon v. Morrison-Maierle, Inc.Montana Supreme Court · 1988
  4. Cartwright v. Equitable Life Assurance Society of the United StatesMontana Supreme Court · 1996
  5. Brookins Ex Rel. Gotcher v. MoteMontana Supreme Court · 2012

10 more not listed; retrieve them via the Exa API.

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