Legal Opinion · Concurrence

Cameron v. Mercer

Montana Supreme Court

Decided May 29, 1998No. 97-619Published

1ConcurrenceJustice Trieweiler

specially concurring.

¶20 I concur with the majority’s conclusion that there was sufficient evidence to support the jury’s verdict for the defendant based on the instructions that were given to the jury. Furthermore, since the ade*178quacy of the instructions has not been raised as an issue on appeal, I would not reverse the judgment of the District Court for failure to properly instruct the jury. However, I write separately to clarify that, in my opinion, it would be a rare situation in which violation of a motor vehicle statute would not constitute negligence per se.

¶21 We have repeatedly held…

2Cases cited10 opinions

  1. Graham v. RolandsonMontana Supreme Court · 1967
  2. Jensen v. MinardCalifornia Supreme Court · 1955
  3. Hunsaker v. Bozeman Deaconess FoundationMontana Supreme Court · 1978
  4. Kudrna v. Comet Corp.Montana Supreme Court · 1977
  5. Duchesneau v. Silver Bow CountyMontana Supreme Court · 1971

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