 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Luna v. Zeeb8/21/2001
pondent erroneously contends that the facts of the present case "are basically identical" to Borchert, and that she, like the plaintiff in Borchert, was the prevailing party. Respondent asserts that she "prevailed on the merits even though she did not have a favorable result under the Rule 68 settlement offer," and that Borchert "clearly indicate * * * that prevailing on the merits is the most important criterion and not the net verdict." We disagree. Here, the jury found that appellant was negligent and that her negligence was a direct cause of the accident. These findings, however, do not automatically make respondent the prevailing party. The jury also found that respondent did not sustain a permanent injury and did not sustain a disability for 60 days or more. Furthermore, unlike Borchert, in which the district court ordered judgment in the plaintiff's favor for approximately $4,500 after collateral source offsets and a comparative negligence reduction, here, the net verdict was zero and the district court ordered judgment for appellants dismissing respondent's cause of action.
DECISION
The result of the jury's verdict made appellants the prevailing party by operation of the district court's ultimate conclusion of law, which held that appellants were "entitled to judgment dismissing [respondent's] cause of action, with their costs and disbursements." Accordingly, we reverse the district court's order awarding respondent costs and disbursements and vacate that award.
Reversed; award vacated.
Page 1 2 3 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|