 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Brunt v. Stoddard12/28/2001
TE OF JUDGMENT
Lastly, Stoddard contends that the date of judgment in this case is February 9, 2000, the date of entry of the final memorandum decision, order and judgment. He argues that the nunc pro tunc judgment violates I.R.C.P. 58(a) because the district court had no basis to find that accident, excusable oversight or mistake warranted the entry of an earlier judgment date. Stoddard's argument is without merit. Although the district court originally entered the judgment nunc pro tunc, referring back to the date the court orally pronounced its judgment (October 1, 1999), the district court thereafter vacated the nunc pro tunc judgment. The district court's judgment entered on October 4, 1999, should be allowed to stand, subject to this Court's modification stated herein.
ISSUES ON CROSS APPEAL
I. DENIAL OF MOTION TO AMEND JUDGMENT
Van Brunt asserts that the district court erred in denying his motion to amend or to alter the judgment wherein Van Brunt asked the court to delete the finding of ten percent negligence attributable to him. In effect, Van Brunt contends that there was insufficient evidence for the jury to find him ten percent negligent, that he should not be deemed negligent for failing to anticipate Stoddard's unexpected change of lane and turn into his path; and he seeks reversal of that finding by the district court.
I.R.C.P. 59(e) provides for a motion to alter or amend the judgment. The rule provides to the trial court a mechanism to correct legal and factual errors occurring in the proceedings before it; and as long as the trial court recognizes the matter as discretionary and acts within the boundaries of its discretion, reaching its conclusions through an exercise of reason, the decision will not be disturbed on appeal. Slaataugh v. Allstate Ins. Co., 132 Idaho 705, 979 P.2d 107 (1999). There was testimony from Van Brunt that when the light turned green, he accelerated to proceed through the intersection at a rate of speed within the posted limit. Van Brunt testified that his conduct was lawful and that he operated his motorcycle as a reasonably prudent person would do. The district court in ruling on the motion speculated as to what the jury may have relied upon to assess ten percent negligence against Van Brunt.
Generally, a plaintiff's conduct affecting his comparative responsibility is a question for the jury. Puckett v. Oakfabco Inc., 132 Idaho 816, 979 P.2d 1174 (1999); Robinson v. Westover, 101 Idaho 766, 620 P.2d 1096 (1980). Determination and apportionment of negligence is for the trier of fact and will not be set aside if supported by competent and substantial evidence. Burgess v. Salmon River Canal Co., Ltd., 119 Idaho 299, 805 P.2d 1223, appeal after remand 127 Idaho 565, 903 P.2d 370 (1991). Negligence is for the court only when all reasonable people would construe facts in the same way. Cooper v. Oregon Short Line R. Co., 45 Idaho 313, 262 P.2d 873 (1927). Such was not the case here. Accordingly, the jury's verdict should stand, as well as the district court's decision not to amend the judgment, which was not an abuse of the district court's discretion.
II. PREJUDGMENT INTEREST
Van Brunt claims he is entitled to prejudgment interest on the past medical expenses as a matter of policy and because the amount of liability was liquidated and ascertainable, as required by statute. I.C. ยง 28-22-104. The application of the statute, which does not expressly exclude tort actions from its scope, is tempered by the limitation that in tort cases, the question of whether money is due awaits an eventual judgment. Schenck v. Smith, 117 Idaho 999, 1000, 793 P.2d 231 (Ct. App. 1990). Plaintiff h
Page 1 2 3 4 5 6 7 8 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|