Stebner v. Associated Materials, Inc.(ami)

¶1 A jury in the Fourth Judicial District Court, Missoula County, found that Associated Materials, Inc. (Alside) did not breach its warranty to Derek Stebner and Stebner Real Estate, Inc. (Stebner). After the trial, Stebner filed a motion for a new trial, pursuant to M. R. Civ. P. 59, claiming juror misconduct. The District Court denied Stebner’s motion.

¶2 The sole issue Stebner raises on appeal is whether the District Court erred in concluding that the alleged jurors’ misconduct did not warrant a new trial.

BACKGROUND

¶3 Stebner, the owner of Riverside Apartment Complex, brought a breach of…