 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Martinez v. Friede2/20/2004
for both sides, requested that the jury clarify its general award of $30,000. The jury deliberated briefly before writing on the special verdict form that Antonette Martinez was to receive $30,000 for her pain and suffering. On August 3, 1999, the district court entered judgment on the jury's verdict.
On August 10, 1999, Petitioner and Benjamin Martinez timely filed a joint motion for new trial arguing that the verdict was not supported by substantial evidence. The district court set a hearing on the matter for September 10, 1999. At that hearing, Petitioner and Benjamin Martinez argued for the first time that the jury was confused by Jury Instruction No. 23. The district court found substantial evidence to support the jury's refusal to give Petitioner and Benjamin Martinez damages for pain and suffering. The district court further found that the jury was not confused by Jury Instruction No. 23 with respect to Benjamin Martinez. However, the district court invited further argument with respect to whether the jury was confused in its award of damages to Petitioner. In her supplemental briefing, Petitioner expressly asserted Rule 1-059(A) as providing the authority for the court to grant a new trial.
On December 13, 1999, the district court issued an order granting a new trial on damages for Petitioner because "Jury Instruction No. 23 confusing and ambiguous" and "likely caused the ury to enter its unjust and unsupportable judgment with regard to plaintiff Diane Martinez's damages for pain and suffering." As a result of that order, Respondent filed a Verified Petition for Writ of Superintending Control and Request for Stay of Proceedings, arguing the trial court erred by ordering a new trial and the erroneous order would result in a waste of time, money, and judicial resources. We denied Respondent's petition.
In the meantime, Benjamin Martinez had appealed his damages award primarily on the ground that the trial court erred by denying him a new trial, especially in light of the court's granting of a new trial to Diane Martinez. On March 7, 2000, the Court of Appeals issued a memorandum opinion affirming the district court's refusal to grant Benjamin Martinez a new trial. The court focused solely on whether the trial court abused its discretion by not granting Benjamin Martinez a new trial. The Court of Appeals held that any juror confusion that might have resulted from the pain and suffering portion of Jury Instruction No. 23 "was immediately resolved by that portion of the instruction concerning aggravation of pre-existing conditions." Apparently evidence was introduced at trial showing that Benjamin Martinez had a pre-existing back injury that was aggravated during the accident.
On March 6-8, 2001, a new trial was held on the issue of Petitioner's pain and suffering. The jury was given the same pain and suffering instruction as in the first trial with the exception that the sentence informing the jury it could only award future pain and suffering to Antonette Martinez was omitted. The jury was not precluded by its instructions at the second trial from awarding Petitioner damages for future pain and suffering. The second jury awarded Petitioner damages for pain and suffering in the amount of $10,353.75. On May 24, 2001, the district court entered judgment on the second verdict. Respondent timely appealed the case to the Court of Appeals asserting that the district court abused its discretion by granting Petitioner a new trial on damages.
II.
After the appeal was fully briefed on the merits of granting a new trial, the Court of Appeals requested supplemental briefing from the parties on whether the district court acted within its
Page 1 2 3 4 5 6 7 8 9 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|