Verdict Forms

Our scope of review of jury is necessarily very limited. This Court will not reverse a jury which is supported by substantial credible evidence. This Court has defined substantial credible evidence as evidence which a reasonable mind might accept as adequate to support a conclusion. The evidence may be inherently weak and conflicting, yet it may still be considered substantial. It is well established that if the evidence is conflicting, it is within the province of the jury to determine the weight and credibility to be afforded the evidence. Finally, upon reviewing a jury verdict to determine if substantial credible evidence exists to support the verdict, this Court must view the evidence in the light most favorable to the prevailing party.Kneeland v. Luzenac Am., Inc., 1998 MT 136, � 45, 289 Mont. 201, 961 P.2d 725 (citations and quotation marks omitted).

The use of a special verdict form is left to the discretion of the trial court. �While it is within the trial court�s discretion to structure the form and frame the questions of a special verdict, the interrogatories must be adequate to enable the jury to determine the factual issues essential to judgment.� Baldauf v. Arrow Tank & Eng�g Co., 1999 MT 81, � 49, 294 Mont. 107, 979 P.2d 166 (citations omitted).