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BIRCHER v. BNSF RY. CO.

No. DA 09-0363.

233 P.3d 348 (2010)

2010 MT 121

Daniel Keith BIRCHER, Plaintiff and Appellee, v. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided May 28, 2010.

Attorney(s) appearing for the Case

For Appellant: Michelle T. Friend, Hedger Friend, P.L.L.C., Billings, Montana.

For Appellee: Fredric A. Bremseth, Bremseth Law Firm, P.C., Minnetonka, Minnesota.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 BNSF Railway Company (BNSF) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County. The District Court granted Bircher's motion for a new trial on the basis that the court had erred in admitting evidence of verdicts in other cases. We affirm.

¶ 2 We review the following issue on appeal:

¶ 3 Did the District Court abuse its discretion when...

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