(DOWNLOAD) "Richard K. Smith and Janice L. Smith v." by Court of Appeals of Idaho No. 16420 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richard K. Smith and Janice L. Smith v.
- Author : Court of Appeals of Idaho No. 16420
- Release Date : January 28, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
SUBSTITUTE OPINION While jogging through an intersection, Richard Smith was struck and seriously injured by an automobile. Smith brought this
action against the driver, Joyce Praegitzer, claiming that his injuries resulted from her negligence. The jury returned a
special verdict finding each party to be fifty percent at fault. Smith then moved for judgment notwithstanding the verdict
under I.R.C.P. 50(b) or, in the alternative, for a new trial under I.R.C.P. 59(a). By memorandum opinion and order the trial
Judge granted the motion for judgment n.o.v. The court's entry of judgment against Praegitzer was only on the issue of liability
and it indicated that her negligence was one hundred percent the cause of the accident. Having decided the question of liability,
the trial Judge then granted the alternative motion for a new trial -- limiting it to the issue of damages. Praegitzer has
appealed, contending that the court erred in granting the motions.
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