Horn v. Bull River Country Store Properties, LLC

¶1 After a five-day trial in October 2011, a Sanders County jury decided that Appellee Bull River Country Store Properties, LLC, (Bull River) was not negligent in connection with the plaintiffs’ claim that it sold water-contaminated diesel fuel. Appellants Pete and Elva Horn (Horn) appeal the Twentieth Judicial District Court’s order denying their motion for a new trial. We affirm.

¶2 We restate the issues as follows:

¶3 1. Is Horn entitled to a new trial because Bull River’s reliance on the settled-party defense authorized by § 27-1-703, MCA, violated his due process rights?

¶4 2. Did the…