Goles v. Neumann

¶1 Dan and Barbara Goles (Goles) appeal the jury verdict against them issued in the Fifth Judicial District Court, on the grounds that the District Court abused its discretion in issuing jury instmctions. We reverse and remand for a new trial.

*133ISSUE

¶2 A restatement of the issue on appeal is whether the District Court abused its discretion by issuing a challenged jury instruction.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In the summer of2002 or 2003, John Neumann purchased a home near Pipestone, Montana. At the time of purchase, the property had an existing bam. In 2005, Neumann, using the design of…