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Paul v. Imperial Palace12/19/1995
a fact in issue.
McCloud heard Paul's foot slip, saw the end of Paul's fall, and then saw oil on the rug where Paul fell. We conclude that her opinion was rationally based on her perceptions and that the district court did not abuse its discretion in determining that the opinion was helpful to the jury.
Whether the jury disregarded its instructions
Imperial argues that the jury disregarded its instructions regarding Imperial's liability for the presence of a foreign substance on the floor, actual and constructive notice, and the establishment of negligence by substantial evidence. Per NRCP 59(a)(5), if the jury could not have reached the verdict that it reached if it had properly applied the district court's instructions, the court is obligated to grant a new trial. Taylor v. Silva, 96 Nev. 738, 740, 615 P.2d 970, 971 (1980). We conclude that the jury's verdict was consistent with proper application of these instructions and that a new trial was not mandated.
CONCLUSION
The district court erroneously granted a new trial. Sufficient evidence supported instructing the jury regarding future damages, and Paul's closing argument in regard to future damages was proper. The court did not err in allowing a lay witness to give her opinion as to the cause of Paul's fall. It also did not err in allowing testimony regarding the employees' statements because they were admissible statements against interest relevant to the issue of constructive notice. Finally, the jury's verdict was consistent with proper application of its instructions. Accordingly, we reverse the district court's order granting the motion for a new trial and remand this case to the district court for reinstatement of the jury's verdict.
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