Yerkich v. Opsta

Defendant Mitchell J. Opsta appeals from the order of the District Court, Silver Bow County, granting plaintiffs’ motion for new trial and setting aside the verdict of the jury.

On January 2, 1976, plaintiffs Samuel J. and Sharon A. Yerkich filed suit in the District Court seeking damages for the wrongful death of their eleven year old daughter, Dana Sue. The cause of action arose out of a motor vehicle accident in which an automobile driven by defendant struck and killed Dana when she attempted to cross a city street in Butte, Montana. The cause was heard by the District Court, sitting with a…