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Hunter v. State9/13/2002
mmary judgment, judgment not withstanding the verdict, and motions for a new trial.
II.
STANDARD OF REVIEW
Several orders of the district court are being appealed in this case. The first is the district court's denial of summary judgment. An order denying a motion for summary judgment is not an appealable order itself, nor is it reviewable on appeal from a final judgment. See, for example, Idaho Power Co. v. Cogeneration Inc., 134 Idaho 738, 9 P.3d 1204 (2000):
Cogeneration asks this Court to determine whether the district court erroneously denied its motion for partial summary judgment. However, an order denying a motion for summary judgment is not a final order and a direct appeal cannot be taken from it. Moreover, an order denying a motion for summary judgment is not to be reviewed on appeal from a final judgment. See Bowles v. Pro Indiviso, Inc., 132 Idaho 371, 376, 973 P.2d 142, 147 (1999); Watson v. Idaho Falls Consol. Hospitals, 111 Idaho 44, 46, 720 P.2d 632, 634 (1986); Evans v. Jensen, 103 Idaho 937, 941, 655 P.2d 454, 458 (Ct.App. 1982). The final judgment in a case can therefore be tested upon the record made at trial, not the record made at the time summary judgment was denied. See Evans, 103 Idaho at 942, 655 P.2d at 459.
When presented with a judgment notwithstanding the verdict, the district court must uphold the jury verdict if "the court finds that the evidence is of sufficient quantity and probative value that reasonable minds could have reached the same conclusion as did the jury." Hudson v. Cobbs, 118 Idaho 474, 478, 797 P.2d 1322, 1326 (1990). The district court must view the facts as if the moving party had admitted the truth of all the non-moving party's evidence, id., and draw every legitimate inference in favor of the non-moving party. Jones v. Panhandle Distributors, Inc., 117 Idaho 750, 752, 792 P. 2d 315, 317 (1990). This Court draws all inferences in favor of the nonmoving party to determine if the result is supported by substantial evidence. Highland Enterprises, Inc. v. Barker, 133 Idaho 330, 339, 986 P.2d 996, 1005 (1999).
The grant or denial of a new trial is within the discretion of the district court. Lanham v. Idaho Power Co., 130 Idaho 486, 497-98, 943 P.2d 912, 923-24 (1997). Because the grant or denial of the motion is discretionary, the district court must (1) act within the outer boundaries of its discretion, consistent with the applicable legal standards; and (2) reach its decision through the exercise of reason. Lanham, 130 Idaho at 498, 943 P.2d at 924. This Court reviews a district's court's ruling on a motion for a new trial under the abuse of discretion standard. Id.
III.
THE PLAINTIFFS WERE NOT REQUIRED TO SHOW THAT THE STATE'S EMPLOYEE ACTED WITHOUT MALICE OR CRIMINAL INTENT AND WITH RECKLESS, WILLFUL, AND WANTON CONDUCT UNDER I.C. § 6-904A
The State argues that the Hunters were required to prove that the State acted with malice or criminal intent and with reckless, willful, and wanton conduct under I.C. § 6-904A in order to establish liability. The district court denied the State's motion for summary judgment on this issue and instructed the jury that the Hunters were required to prove that the State acted either with malice or criminal intent or with reckless, willful and wanton conduct.
Idaho Code § 6-904A states in relevant part that:
A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in § 6-904C, Idaho Code, shall not be liable for any claim which . . . (2) arises out o
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