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Getchell v. Lodge2/28/2003
trial court's admission of Trooper Leichliter's testimony.
III. STANDARD OF REVIEW
We will affirm a trial court's denial of a motion for judgment notwithstanding the verdict unless "the evidence, when viewed in the light most favorable to the non-moving party, is such that reasonable persons could not differ in their judgment of the facts."
A "refusal to grant a new trial is reviewed under an abuse of discretion standard"; accordingly, we review the record "in the light most favorable to the non-moving party." We disturb the trial court's exercise of discretion only "in the most exceptional circumstances to prevent a miscarriage of justice." "An abuse of discretion exists when evidence to support the verdict was completely lacking or was so slight and unconvincing as to make the verdict plainly unreasonable and unjust."
We review a trial court's "decision to admit or exclude evidence for abuse of discretion." An abuse of discretion exists only when we are "left with a definite and firm conviction, after reviewing the whole record, that the trial court erred in its ruling." We reverse the trial court's decision to admit or exclude evidence only if we determine that the trial court abused its discretion and that "the error affected the substantial rights of a party."
IV. DISCUSSION
A. The Trial Court Did Not Err in Denying Getchell's Motions for Judgment Notwithstanding the Verdict and New Trial.
Getchell argues that the trial court erred in denying her motions for JNOV and new trial, contending that reasonable jurors could have only concluded that Lodge acted negligently. Getchell structures her argument around the tort consequences of Lodge's alleged violation of two Alaska traffic regulations. Getchell contends that because Lodge crossed the center lane of traffic into Getchell's lane she violated 13 AAC 02.085 and 13 AAC 02.050. Because Lodge violated these traffic regulations, Getchell argues, the burden of proof shifted to Lodge to show by a preponderance of the evidence that her conduct was excused. To prove excuse in the instant case, Getchell asserts that Lodge had to demonstrate that she exercised reasonable care in two ways: "first, that she refrained from steering into oncoming traffic, and second, that she exercised reasonable care in handling her sliding vehicle." Getchell contends that Lodge steered into oncoming traffic, took no steps to control her skidding car, and that therefore "reasonable persons could only have concluded that Lodge failed to meet her burden of proving excuse by a preponderance of the evidence."
Getchell is correct that Lodge can only claim excuse if she handled her moose-avoidance maneuver and the resulting skid in a non-negligent manner. However, contrary to Getchell's argument, there is evidence in the record that Lodge did not purposefully steer into the oncoming lane and that the skid was not caused by her negligence. We will affirm a trial court's denial of a motion for judgment notwithstanding the verdict "unless the evidence, viewed in the light most favorable to the non-moving party, is such that reasonable persons could not differ in their judgment as to the facts." A factual dispute exists here. Similarly, we affirm a trial court's denial of a motion for a new trial unless the court abused its discretion. We will find an abuse of discretion when no evidence supported the verdict or when the evidence was "so slight and unconvincing as to make the verdict plainly unreasonable and unjust." Ample evidence supports the verdict in this case.
Both Getchell and Lodge agree that it would have been negligent to steer into the oncoming lane of traffi
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