Legal Opinion

O'LEYAR v. Callender

Montana Supreme Court

Decided December 1, 1992No. 92-191PublishedCited by 4 opinions

1Opinion of the CourtJustice McDONOUGH

This is an appeal from an Eighth Judicial District Court, Cascade County jury trial award of $2,000,000 in a medical malpractice action. We affirm.

There are several issues on appeal:

1. Did the trial court err in disallowing expert opinion testimony by Dr. Davis?

2. Did the trial court err in admitting the photographs of the pathology slides?

3. Was there improper jury voir dire?

4. Were improper comments made by the trial court?

5. Did the trial court err regarding the direct examination of Dr. Callender?

6. Did the trial court properly instruct the jury?

7. May Callender impeach the jury verdict…

2Cases cited9 opinions

  1. Wyant v. DunnMontana Supreme Court · 1962
  2. Goodnough v. StateMontana Supreme Court · 1982
  3. Harry v. ElderkinMontana Supreme Court · 1981
  4. Schmoyer v. BourdeauMontana Supreme Court · 1966
  5. Goff v. KinzleMontana Supreme Court · 1966

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

3Cited by4 opinions

  1. Seal v. Woodrows PharmacyMontana Supreme Court · 1999
  2. State v. RussetteMontana Supreme Court · 2002
  3. Griffin v. MoseleyMontana Supreme Court · 2010
  4. Griffin v. MoseleyMontana Supreme Court · 2010

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