 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Munns v. Swift Transportation Co.11/6/2002
ld have included an "unknown person" on the special verdict form for the jury to consider in apportioning fault; (2) that the district court should not have given the negligence per se instruction to the jury; and (3) that the damages awarded were excessive. The district court conditionally granted Swift Transportation Co., Inc., a new trial on the excessive damages issue as an alternative to a remittitur. Notwithstanding the district court's order partially in its favor, Swift appealed from the adverse rulings regarding the issues related to the special verdict form and to the per se instruction it claimed warranted a new trial. Munns cross-appealed, disputing the district court's reduction of the jury award by way of the remittitur and the denial of certain cost items.
II. APPLICABLE STANDARDS
A determination of the issues to be retried after the granting of a new trial is committed to the discretion of the trial court. Smith v. Great Basin Grain Co., 98 Idaho 266, 561 P.2d 1299 (1977). On appeal, the Supreme Court will not reverse a trial court's order granting or denying a motion for new trial unless the court has manifestly abused the wide discretion vested in it. While the Supreme Court must review the evidence, it is not in a position to "weigh" the evidence as is the trial court. Jones v. Panhandle Distribs., Inc., 117 Idaho 750, 792 P.2d 315 (1990). In considering a motion for a new trial, the trial judge is not required to view the evidence in a light most favorable to the verdict winner. Quick v. Crane, 111 Idaho 759, 727 P.2d 1187 (1986). A new trial is the appropriate remedy when a jury verdict is based on incorrect instructions. Walton v. Potlatch Corp., 116 Idaho 892, 781 P.2d 452 (1991).
III. ISSUES
Swift asserts two errors in law made by the district court in ruling on the new trial motion. Swift argues that the jury was improperly instructed on the duty of a motorist involved in a collision between a single vehicle and an animal. Second, Swift maintains that the district court erred in not allowing the jury to consider the fault or negligence of unknown persons, who were excluded from the special verdict form.
IV. ANALYSIS
We begin with a review of the relevant instructions provided to the jury. The district court gave an instruction on ordinary negligence (Jury Instruction 18), and an instruction stating the duty of every person to use ordinary care in conducting his or her activities (Jury Instruction 21). The district court also gave an instruction relating to accidents involving damage to a vehicle (Jury Instruction 31), which recited verbatim the words of I.C. § 49-1301(1). This instruction reads:
There was in force in the State of Idaho at the time of the occurrence in question a certain statute, which provided that:
The driver of any vehicle involved in an accident, either on public or private property open to the public, resulting in only damage to a vehicle which is driven or attended by a person shall immediately stop the vehicle at the scene of the accident, or as close as possible, and shall immediately return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of law.
A violation of this statute is negligence, unless compliance with the statute was impossible or something over which the party had no control placed him in a position of violation of the statute or an emergency not of the party's own making caused him to fail to obey the statute.
Swift argues that the instruction based on I.C. § 49-1301(1) has no application to an accident between a vehicle and a horse. Swift contends that requiring a d
Page 1 2 3 4 5 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|