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Ramey v. Knorr10/17/2005
e minority rule. Knorr was previously hospitalized in 1994 for delusional behavior and she experienced many paranoid beliefs in the months preceding the accident. The fact that the trial court granted a CR 50 motion at the close of the evidence at trial does not make its prior denial of summary judgment erroneous in any way.
NEW TRIAL MOTION
Knorr further argues the trial court erred in denying her motion for a new trial under CR 59(a)(8), CR 59(a)(1), and CR 59(a)(9). We disagree.
A court may grant a motion for a new trial when important rights of the moving party are materially affected because substantial justice has not been done. When the trial court's basis for denying or granting a motion for a new trial is based on questions of fact, the ruling will not be disturbed absent a manifest abuse of discretion. When an order is based on questions of law, the standard of review is de novo and not abuse of discretion.
At trial, the court granted a directed verdict in favor of Ramey and ruled as a matter of law that Knorr did not meet the narrow exception of a sudden mental incapacity. Knorr moved for a new trial and the motion was denied. Because the motion for a new trial was based on a question of law, the standard of review is de novo.
CR 59(a)(8)
A motion for a new trial may be granted under CR 59(a)(8) if an error in law occurred at trial and was 'objected to at the time by the party making the application.'
Knorr argues it was error for the trial court to make a pre-trial ruling that her sudden illness defense presented a question of fact and later at trial grant Ramey's motion for a directed verdict, thus preventing Knorr from arguing her defense before the jury. Knorr timely objected to the ruling that her incapacity was not sudden as a matter of law.
The trial court denied the cross-motions for summary judgment because pre-trial the trial court believed there was a genuine issue of material fact whether Knorr's mental illness affected her ability to conform to the standard of care. After hearing all of the evidence and further reviewing Breunig and Johnson, the trial court concluded there was substantial evidence that Knorr's mental disorder did not meet the very narrow exception of sudden mental incapacity. The trial court further ruled as a matter of law that Washington does not recognize the sudden mental incapacity defense and this court does not recognize the defense. The trial court did not make an error of law in declining to adopt the sudden mental incapacity defense. The defense is not recognized in Washington and there was substantial evidence that Knorr had knowledge and forewarning of her mental disorder and would not fall under the sudden mental incapacity exception.
CR 59(a)(1)
Under CR 59(a)(1), a trial court may grant a verdict and grant a new trial if an irregularity in the proceedings of the court prevented the moving party from receiving a fair trial and materially affected the party's substantial rights.
As stated above, the trial court made no error of law in not adopting a minority rule that is not recognized in Washington and in granting a directed verdict for Ramey. The proceedings were not irregular and Knorr received her day in court and was not denied a fair trial.
CR 59(a)(9)
A motion for a new trial may be granted under CR 59(a)(9) if substantial justice has not been done. Knorr contends that 'substantial justice was not done' because she was unable to argue her defense to the jury and was deprived of her day in court.
Knorr's argument is unconvincing. Knorr had her day in court and there
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