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Brunt v. Stoddard12/28/2001
n. Sun Valley Shopping Center v. Idaho Power Co., 119 Idaho 87, 803 P.2d 993 (1991); Associates Northwest, Inc. v. Beets, 112 Idaho 603, 733 P.2d 824 (Ct. App. 1987). The limited mention of insurance, under the circumstances described, does not constitute reversible error.
III. JURY VERDICT FORM
Stoddard argues that his passenger, Tim Hopkins, should have been included on the special verdict form to allow the jury to assess his proportionate share of negligence, if any, in causing the accident. Although Hopkins was not a party to the suit, he testified at trial that he was in part responsible for Stoddard abruptly turning from the inside lane into the outside lane where Stoddard's vehicle collided with Van Brunt's motorcycle. Stoddard maintains that the verdict form provided to the jury should invalidate the jury's decision attributing negligence to the respective parties.
The decision whether the special verdict shall inquire as to the alleged negligence of a non-party raises a question of law, namely whether evidence exists which warrants submission of the matter to the jury. Zintek et al. v. Perchick et al., 471 N.W.2d (Wis. 1991). In Idaho, I.C. ยง 6-802 provides that the court, at the request of any party, may direct the jury to find separate special verdicts determining the amount of damages and the percentage of negligence or comparative responsibility attributable to each party. The statute has been interpreted by this Court to allow not only that the parties be included in the special verdict, but may also include parties to the transaction which resulted in the injury whether or not they are parties to the lawsuit. Pocatello Indus. Park Co. v. Steel W., Inc., 101 Idaho 783, 621 P.2d 399 (1980). The justification for placing nonparties on a jury verdict is that true apportionment cannot be achieved unless it includes all tortfeasors guilty of causal negligence either causing or contributing to the occurrence in question, whether or not they are parties to the case. Id. at 787, 621 P.2d at 403. See also Lasselle v. Special Products Co., 106 Idaho 170, 172, 677 P.2d 484, 485 (1983).
It is the general rule that before nonparties are placed on jury verdict forms, there must be a showing that the requisite elements of a cause of action against them have been presented at trial. There must have been admitted into evidence proof sufficient to make a case in negligence where applicable . . . before any non-party can be included on the form. Vannoy v. Uniroyal Tire Co., 111 Idaho 536, 551, 726 P.2d 648, 663 (1985) (Bistline J., concurring and citing Lasselle, 106 Idaho at 173, 677 P.2d at 486).
Therefore, we examine the duty imposed upon Hopkins to determine whether his conduct was a contributing factor in bringing about Van Brunt's injuries. Contributory negligence, then, is negligence which contributes to the accident, that is, negligence having a causal connection with it and but for which the accident would not have occurred. Meissner v. Smith, 94 Idaho 563, 568 n.1, 494 P.2d 567, 572 n.1 (1972).
A passenger in an automobile has a duty to exercise the care and caution for his own safety that a reasonably prudent person of the same age and maturity would exercise in the same circumstances. Ferbrache v. Dillon, 100 Idaho 317, 319, 597 P.2d 40 (1979). A passenger may generally rely on the driver to properly attend to the operation of the vehicle and to operate it with due care, in the absence of special circumstances indicating the presence of imminent danger or the negligence of the driver. Id. In this case, Hopkins was riding in Stoddard's vehicle and merely indicated where Stoddard was to turn to get to Hopkins' bank; he had no control ove
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