Wagner v. Cutler, 757 P.2d 779 (1988)
- Citation
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Parent Document
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Jurisdiction
- Montana (state)
- Effective Date
- 1988-06-15
- Original Source
- https://www.courtlistener.com/opinion/879919/wagner-v-cutler/ ↗
Other Sections in This Document (10)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
- Wagner v. Cutler, 757 P.2d 779 (1988)
Full Text
701 chars[EmFhasis added. l
The "standard of care" testimony was not necessary.
The test for the admissibility of expert testimony is whether
the matter is sufficiently beyond common experience that the
opinion of an expert would assist the trier of fact.
Vandalia Ranch v. Farmers Union Oil & Supply (Mont. 1986) ,
718 P.2d 647, 650, 43 St.Rep. 790, 793; Rule 702, M.R.Evid.
The instant case presented no concept or requirement of
specialized knowledge beyond the cognizance of the judge.
LDS had a duty to obtain and communicate information on
the true condition of the house. It failed to do so. We
hold that the District Court properly concluded that LDS
failed to exercise reasonable care.