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Thompson v. City of Bozeman9/15/1997
Submitted on Briefs June 12, 1997.
The City of Bozeman (City) appeals from the order of the Eighteenth Judicial District Court, Gallatin County, granting, in part, the motion for a new trial on the issue of damages filed by Traci Thompson (Thompson). We affirm.
The issue on appeal is whether the District Court erred in concluding that insufficient evidence supported the jury's zero damage award for pain and suffering and, on that basis, in granting Thompson's motion for a new trial on that issue.
BACKGROUND
Thompson filed an action against the City alleging that she suffered damages as a result of an accident in which a City police officer in a police cruiser collided with the rear of her vehicle at an intersection in Bozeman, Montana. The City subsequently admitted that the conduct of its employee, the police officer, was negligent and that the negligence caused the accident at issue. The action proceeded to a jury trial on the issues of whether the accident caused Thompson injury and, if so, the amount of Thompson's damages. The jury returned a verdict in Thompson's favor on the causation issue and awarded her damages in the amount of $2,000 for medical and chiropractic expenses and $800 for lost wages. The jury awarded zero damages for pain and suffering, loss of ability to pursue occupation, loss of future wages, loss of ability to pursue established course of life, and future medical and chiropractic expenses.
Thompson timely moved for a new trial on the issue of damages, asserting that there was insufficient evidence to support the jury's zero damage awards. The District Court granted her motion for a new trial on the issue of damages for pain and suffering, concluding that the City did not present evidence controverting Thompson's evidence that she experienced pain and suffering from the injuries sustained in the accident. It denied her motion as to the other zero damage awards. The City appeals from the order granting a new trial on the issue of pain and suffering damages.
STANDARD OF REVIEW
[1-3] A district court may vacate a jury's verdict and grant a new trial when the evidence presented is insufficient to justify the verdict. Section 25-11-102(6), MCA. Conversely, where substantial evidence supports a verdict, the verdict generally cannot be overturned or vacated. Thayer v. Hicks (1990), 243 Mont. 138, 156, 793 P.2d 784, 795. The decision of a district court to grant or deny a motion for a new trial will not be reversed absent a manifest abuse of the court's discretion. Maurer v. Clausen Distributing Co. (1996), 275 Mont. 229, 234, 912 P.2d 195, 198 (citation omitted). If there is conflicting evidence on an issue, it is an abuse of the district court's discretion to grant a new trial. Gass v. Hilson (1990), 240 Mont. 459, 462, 784 P.2d 931, 933 (citations omitted).
DISCUSSION
Did the District Court err in concluding that insufficient evidence supported the jury's zero damage award for pain and suffering and, on that basis, in granting Thompson's motion for a new trial on that issue?
The City argues that the record contains conflicting evidence on the issue of Thompson's pain and suffering and, as a result, there is substantial evidence to support the jury's zero damage award. Thus, according to the City, the District Court abused its discretion in granting a new trial on the issue of pain and suffering damages. We address the City's arguments in turn.
a. Sufficiency of evidence to support jury's zero damage award for pain and suffering
It is undisputed that Thompson presented substantial evidence to suppo
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