Submitted on Briefs: December 21, 2016
FROM: District Court of the Eighteenth Judicial District, In
and For the County of Gallatin, Cause No. DV-13-585C
Honorable John C. Brown, Presiding Judge
Appellant: E. Casey Magan, Russell S. Waddell, Waddell &
Magan, Bozeman, Montana
Appellee: Cynthia L. Walker, Emma R. Peckinpaugh, Poore,
Roth, & Robinson, P.C., Butte, Montana
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
Internal Operating Rules, this case is decided by memorandum
opinion and shall not be cited and does not serve as
precedent. Its case title, cause number, and disposition
shall be included in this Court's quarterly list of
noncitable cases published in the Pacific Reporter and
Lawrence Slate (Slate) appeals from a jury verdict finding he
was not wrongfully discharged from Bozeman Deaconess Health
Services (BDHS) under the Wrongful Discharge from Employment
Act (WDEA). He submits for review six issues on appeal, which
we restate as follows:
1. Whether the District Court erred by denying
Slate's motion for a new trial that was premised on a
lack of evidence to support the jury's verdict.
2. Whether the District Court erred by admitting an
exhibit under an exception to the rule against hearsay.
3. Whether the District Court erred by refusing to call a
mistrial after defense counsel impeached Slate on the basis
of juror statements made during voir dire.
4.Whether the District Court erred in admitting the
testimony of a witness whose testimony before the jury
differed slightly from his voir dire testimony.
5. Whether the District Court erred in refusing a new
trial on the basis two jurors provided misleading
information in their juror questionnaires.
6. Whether the District Court erred in granting summary
judgment to the defense on the basis Slate's claim for
emotional distress ...