A $168,500 verdict a trial judge threw out, restored by the Montana Supreme Court.
In Malta, Cheryl Voegel slowed her Jeep to stop for a child waiting to cross the street. A teenager driving a Ford F-150 ran into the back of her. The defense admitted negligence and fought everything else: causation, damages, and whether she was somehow at fault.
After a three-day trial, a Phillips County jury found she was not at fault and awarded $168,500. Weeks later, the trial judge threw the verdict out and ordered a new trial, over a single passing remark in closing argument that never mentioned insurance.
On appeal
We took the case to the Montana Supreme Court. In a 5–2 decision, the Court held the new-trial order was an abuse of discretion and ordered the verdict and judgment reinstated in full. The decision now guides Montana courts on when a stray reference to “who pays” can, and cannot, cost an injured person the verdict a jury gave her (Voegel v. Salsbery, 2023 MT 137).
“I experienced one of my worst nightmares… they were the calm to my storm. By the end of the trial they knew me better than I know me.”
Cheryl VoegelClient
Tried by Samir F. Aarab; appeal by Samir F. Aarab and Caitlin Boland Aarab.
Talk to the lawyers who tried this case. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
