Pumphrey v. Empire Lath and Plaster

¶1 Lisa Pumphrey (Pumphrey) sued Rick Lee Pagitt and Empire *118Lath and Plaster (collectively, Empire) for negligence. A jury awarded Pumphrey $3.9 million. Empire now appeals. We affirm.

¶2 The dispositive issues on appeal are:

¶3 (1) whether the District Court erred in denying Empire’s motion for an independent medical examination pursuant to Rule 35, M.R.Civ.P.; and

¶4 (2) whether the District Court had authority to reconvene and re-poll the jury after discharging the jurors.

FACTUAL AND PROCEDURAL BACKGROUND

¶5 This cause of action arose out of an automobile accident, wherein Pagitt, while in the…