Starkenburg v. State

The State of Montana (State) appeals from the judgment entered by the First Judicial District Court, Lewis and Clark County, on a jury verdict awarding Glenn and Lois Starkenburg $250,000 in damages plus their costs, the Estate of Kimberly Starkenburg $210,000 in damages plus its costs, and April Williams McCarty $400,000 in damages plus her costs. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err in denying the State’s motion for summary judgment and motion for directed verdict?

2. Did the District Court abuse its discretion in instructing the jury regarding a…