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White v. Ford12/17/1992
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Here the Workers' Compensation Court declined to award even a nominal disability award. This is within its discretion. In Brown v. Markve (1985), 216 Mont. 145, 700 P.2d 602, the jury awarded plaintiff $25,000 despite the fact that defense counsel suggested $30,000 as a fair verdict. This Court on appeal stated:
The court . . . concluded that this argument to the jury had the legal effect of an admission against interest which set the lower limits of the verdict at $30,000. . . .
. . . hat suggestion cannot be classed as evidence or an admission against interest which set a floor of $30,000 below which the jury could not go. The jury remained the finder of fact with the right to set the damages at $25,000 or such other figure as the jurors might conclude to be appropriate under the evidence.
Brown, 700 P.2d at 603.
Similarly, Aetna's proposed conclusion did not establish a lower limit of liability. We conclude that the Workers' Compensation Court remained free to consider this proposed conclusion in light of the evidence presented and to reach its own conclusions.
We hold that Aetna's proposed conclusion stating that White is entitled to receive a $10,000 nominal disability award does not constitute a judicial admission.
Affirmed.
CHIEF JUSTICE TURNAGE, JUSTICES HARRISON, McDONOUGH and TRIEWEILER concur.
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