Submitted on Briefs: August 28, 2019
District Court of the Thirteenth Judicial District, In and
For the County of Yellowstone, Cause No. DV 13-0244 Honorable
Gregory R. Todd, Presiding Judge
G. Edmiston, Tanis M. Holm, Edmiston & Colton, Billings,
J. Harman, Steve Harman Law, PLLC, Billings, Montana
Kalkstein, Travis Dye, Kalkstein & Dye, P.C., Missoula,
Plaintiff, Appellant, and Cross-Appellee Kathy Howard
(Howard) appeals the Order Denying Plaintiff's Renewed
Motion for Judgment as a Matter of Law/Motion for New Trial
issued by the Thirteenth Judicial District Court, Yellowstone
County, on January 17, 2019. Defendant, Appellee, and
Cross-Appellant Robert Edward Replogle, M.D. (Dr. Replogle)
cross-appeals the District Court's October 25, 2018 Order
Denying Defendant's Motion to Exclude Plaintiff's
Damages for Future Medical Expenses and Loss of Ability to
We affirm, addressing the following dispositive issues:
1. Did the District Court err by denying Howard's
Motion for Judgment as a Matter of Law?
2. Did the District Court err by denying Howard's
Motion for New Trial?
AND PROCEDURAL BACKGROUND
In approximately 2000, Howard was injured in a car accident.
A short time later, she slipped and fell down a set of
stairs. After dealing with back pain from these incidents for
years, Howard was referred to Dr. Replogle in 2008. Dr.
Replogle is a board-certified neurosurgeon and a member of
the American Association of Neurological Surgeons (AANS) and
the Congress of Neurological Surgeons (CNS), who was
practicing in Billings at the time of Howard's referral.
In late 2008, Dr. Replogle performed a decompression
procedure on Howard's spine, but Howard did not find
relief. After the decompression procedure was not as
effective as hoped, Dr. ...