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Buhr v. Flathead County12/8/1994
Rehearing Denied December 29, 1994.
, 51 St.Rep. 1258
Submitted June 28, 1994.
Allen Buhr appeals from judgments in favor of all defendants and from an order of the Eleventh Judicial District Court, Flathead County, denying his motion for a new trial. We affirm.
Buhr presents the following issues:
1. Did the District Court properly instruct the jury regarding negligence per se?
a. Did the District Court err in instructing the jury on the statutory duties of Flathead County and Mental Health by quoting statutory language?
b. Did the District Court err by failing to instruct on each element of Buhr's negligence per se claims?
c. Did the District Court fail to instruct the jury on the full theory of Buhr's negligence claims by refusing his instruction quoting § 53-21-146, MCA?
2. Did the District Court err in granting defendants' motion for a directed verdict on Buhr's civil rights claims against Flathead County and Sheriff Rhodes?
a. Did the District Court err in applying the deliberate indifference standard to Buhr's civil rights claims?
b. Did the District Court err in directing a verdict on Buhr's civil rights claims against Flathead County and Rhodes for their denial of medical treatment under the deliberate indifference standard?
c. Did the District Court err in directing a verdict on Buhr's civil rights claims involving alleged use of excessive force against Joshua under the deliberate indifference standard?
d. Did the District Court err in granting Rhodes immunity from Buhr's civil rights claims?
3. Was the jury's verdict that Flathead County, Wilder, and Mental Health were not negligent supported by substantial evidence and not the result of passion or prejudice?
a. With regard to Flathead County allegedly denying Harris access to the soft cell and Mental Health failing to enter the soft cell for purposes of evaluating Joshua, was the jury's verdict finding neither Flathead County nor Mental Health negligent supported by substantial credible evidence?
b. Was the jury's verdict finding Wilder not negligent supported by substantial credible evidence?
c. With regard to Buhr's negligence per se claim against Mental Health on the basis of an alleged violation of § 53-21-129(2), MCA, was the jury's finding that Mental Health was not negligent supported by substantial credible evidence?
4. Did the District Court err in denying Buhr's motion for a new trial based on surprise and improper judicial comments?
a. Did Sheriff Rhodes' trial testimony concerning Flathead County's policies and procedures contradict his deposition testimony to Buhr's detriment?
b. Did the District Court's allegedly improper and prejudicial remarks provide a sufficient basis for Buhr's motion for a new trial?
5. Did Wilder's attorney prejudice the jury by making improper remarks while questioning witnesses and during closing argument?
6. Did the cumulative effect of the asserted errors prejudice Buhr to the extent that he was unable to receive a fair trial?
Joshua Lloyd (Joshua) was the son of Michele Lloyd (Michele) and Tom Lloyd. He had undergone two surgical procedures while living in Utah: the first, at age four, removed a brain tumor and the second, at age thirteen, removed scar tissue which had developed as a result of radiation and chemotherapy treatment. The second operation damaged Joshua's hypothalamus and resulted in sev
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