Siebken v. Voderberg, 2015 MT 296 (Oct. 13, 2015) (Baker, J.; Cotter, J., concurring) (6-0, aff’d)
Issue: (1) Whether Siebken is entitled to a new trial based on the district court’s admission of a letter regarding Siebken’s medical history and diagnosis; (2) whether Siebken is entitled to a new trial because the district court erroneously instructed the jury on the statute of limitations; and (3) whether substantial evidence supported the jury verdict.
Short Answer: (1) No; (2) the Court declines to review this issue because Siebken did not preserve the issue for appeal; and (3) yes.
Facts: In Siebken I, this Court reversed summary judgment for Voderberg on statute of limitations grounds. On remand, the primary factual dispute at trial was when the three-year statute began to run on Siebken’s negligence claim.…