HOFFMAN v. AUSTIN

No. 05-634.

147 P.3d 177 (2006)

2006 MT 289

334 Mont. 357

Harold HOFFMAN and Jayne Hoffman, Plaintiffs and Appellants, v. James Michael AUSTIN and Hobo Trucking, LLC, Defendants and Respondents.

Supreme Court of Montana.

Decided November 8, 2006.


Attorney(s) appearing for the Case

For Appellants: James A. Manley and Ann L. Moderie, Manley Law Firm, Polson, Montana, Greg L. Ingraham, Ingraham Law Office, Ronan, Montana.

For Respondents: Elizabeth O'Halloran and Lon J. Dale, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana.


Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Harold Hoffman (Hoffman) and his wife, Jayne Hoffman (Jayne), appeal from the Order of the Twentieth Judicial District, Lake County, denying their motion for new trial or, alternatively, to alter or amend judgment. We affirm in part, reverse in part, and remand for a new trial on Hoffman's claim for damages for pain and suffering and mental and emotional distress.

¶ 2 Hoffman presents the...

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