Cutler v. Jim Gilman Excavating, Inc.

¶1 Appellant Marvin Cutler was injured in a single vehicle accident near Anaconda, Montana. As a result, Cutler filed a complaint against Respondents Jim Gilman Excavating, Inc., Anaconda-Deer Lodge County, Joseph Guiberson and Daniel Blume in the Third Judicial District Court, Anaconda-Deer Lodge County. The case proceeded to trial, and the jury returned a verdict in favor of the Respondents. Cutler appeals. We reverse and remand for a new trial.

¶2 Although Cutler raised multiple issues on appeal, the sole issue we consider and find determinative is the following:

¶3 Did the District Court…