Superior Enterprises, LLC v. Montana Power Co.

¶21 I dissent for the reason that Superior Enterprises did not object to the expert nature of Parkin’s testimony. The only objection to Parkin’s testimony was lodged when Parkin was called to the stand. Superior Enterprises objected as follows: “The defendant did not list this witness as one of its own to call in its case in chief and I object on that basis.” Thus the objection was not to the expert nature of Parkin’s testimony, but to the fact that although Parkin was listed on Superior’s witness list, he was not listed on Montana Power’s pretrial order witness list. Furthermore, there was…