 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gillingham Construction7/22/2005
the very least I would do a remittitur in this case, but your comment to the jury in closing argument which said, if you find the State is responsible, my client receives nothing. It really becomes crucial when I heard the jury make that remark. And it was crucial before I even heard it because I still have a problem with that statement and I've read what you have written in your brief, but to me that was such a fundamental error and the wrongness of that comment was brought home to me when I went back to the jury. And I want to know why at the very least I should not grant a new trial because I have to tell you sitting as a thirteenth juror, I think there was a fundamental error made here. So I will tell you at the very least I'm considering a new trial, at the very least. And no matter what, even if I didn't do a new trial, I would have -- I would reduce the verdict based on the fact that there's already been a settlement paid. So why is it that your comment was not fundamental error? And I read stuff about how you were just trying to do it like personal injury, 50-50, and that's just -- I'm sorry. As I told you then and I will tell you now, that's ridiculous because what you told them was fundamentally false. It was fundamentally false because that was not the effect of the decision and that's the reason that I need to have that addressed because, as I indicated right now, I am most probably at the very least going to grant a new trial and I certainly would have a remittitur. (emphasis added).
Subsequently, the district judge made the following comment:
THE COURT: For the purposes of this discussion, I am not going to take into account what the jurors said to me when I went in there. In my view it is not relevant to my decision. All I'm saying is that it did draw my attention to the enormity of your statement, because they understood that your client would receive nothing. That's what they understood. But I want to keep focused on this because I do have other matters. So I want to keep focused on it. (emphasis added).
To the extent there is a practice of trial judges engaging jurors in a dialogue of questions and answers following a verdict, but before post trial matters, including sentencing, are heard and decided, it is improper. It is no different than any other ex parte contact that may influence the outcome of a proceeding. After a verdict is taken the judge may thank the jury members for their service and address those issues of accommodating the jury members' convenience. Otherwise, the door between the bench and the jury is closed so long as the case is pending, only to be opened in a proper proceeding.
4) The Verdict was Supported by Substantial Evidence
There was substantial evidence of Gillingham's damages and that Newby-Wiggins caused such damages. Damages need not be proved with mathematical exactitude. Bumgarner v. Bumgarner, 124 Idaho 629, 640, 862 P.2d 321, 332 (Ct. App. 1993). Traditionally, a claim for damages is thrown out only where it is overly speculative. Id. Here the court did not find damages were speculative nor did Newby-Wiggins claim damages were excessive. Gillingham presented substantial evidence it performed extra work and that it incurred additional costs from the performance of such work. Thus, Gillingham presented substantial evidence of its damages. Likewise, there was substantial evidence Newby-Wiggins caused Gillingham's damages. As repeatedly noted above, Newby-Wiggins breached its duty to field verify the site. Testimony was presented that had Newby-Wiggins verified site conditions and discovered the elevation errors, the site plans could have been redesigned, thereby avoiding the need for extra work. Gillingham suf
Page 1 2 3 4 5 6 7 8 9 10 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|