David Mann v. Redman Van & Storage Co., Inc.

MEMORANDUM

The Manns, Plaintiffs-Appellants, appeal from a district court’s denial of their Rule 59 motion for a new trial following a jury verdict in Defendant-Appellee Red-man’s favor. The Manns and defendant Redman’s employee, Anderson, were involved in an accident in 2008. Anderson was driving a semi-truck on a two-lane highway. He slowed to make a left turn as the Manns attempted to pass Anderson’s truck in the left lane. The two vehicles collided. The Manns brought suit against Anderson’s trucking company alleging that the company’s negligence had caused them serious injury. At trial they presented a variety of theories of negligence, including arguments that 1) Anderson’s trailer’s pigtail cables had detached and therefore the turn signal was not working at the time of the accident, in violation of Montana law, and 2) Redman had violated federal record-keeping, training, and testing regulations relating to Anderson. The jury found Redman not negligent. The Manns moved for a new trial, arguing that the verdict was against the weight of the evidence and that the district court improperly instructed the jury. The district court denied the motion, and the Manns appealed.

We…