Burggraf v. Chaffin

823 P.2d 775, 121 Idaho 171, 1991 Ida. LEXIS 187
CourtIdaho Supreme Court
DecidedDecember 26, 1991
Docket18584
StatusPublished
Cited by25 cases

This text of 823 P.2d 775 (Burggraf v. Chaffin) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burggraf v. Chaffin, 823 P.2d 775, 121 Idaho 171, 1991 Ida. LEXIS 187 (Idaho 1991).

Opinions

BAKES, Chief Justice.

Defendant appeals the trial court’s decision granting plaintiffs’ motion for new trial, alleging that the trial court abused its discretion in granting a new trial.

On May 20, 1987, while on a trip to submit a bid on behalf of the Robert V. Burggraf Company (Burggraf Corporation), John Walter Chaffin, Gary Cain and Stephen S. Burggraf were killed in an airplane crash in Cody, Wyoming. The aircraft, owned by Robert V. Burggraf, Sr., was leased to the Burggraf Corporation and was piloted by Mr. Chaffin.

On January 21, 1988, Linda Burggraf (Burggraf), on her own behalf, and on the behalf of her children and her husband Stephen S. Burggraf’s estate, brought a wrongful death action against Jeannette Chaffin (Chaffin), as personal representative of the estate of John Walter Chaffin. Burggraf alleged that John Chaffin negligently operated the aircraft which resulted in the death of her husband, Stephen Burggraf. A similar action was brought by Laurie Cain (Cain) for the death of her husband, Gary Cain. The two actions were consolidated by court order on July 11, 1988.1

In her answer, Chaffin asserted several affirmative defenses including an affirmative defense that the Idaho worker’s compensation laws precluded any action by the plaintiffs against Chaffin because John Chaffin, Gary Cain and Stephen Burggraf were co-employees of the Burggraf Corporation, and therefore, plaintiffs’ exclusive remedy was worker’s compensation.2 See I.C. § 72-209; DeMoss v. City of Coeur d’Alene, 118 Idaho 176, 795 P.2d 875 (1990). The court ordered a bifurcation of issues for trial so that the issues of John Chaffin’s employment status and the exclusiveness of the worker’s compensation remedy could be tried separately and prior to the issues of negligence and damages.

At trial, it was shown that Mr. Chaffin’s primary business was as owner of an automobile dealership, Chaffin’s Oldsmobile. However, Mr. Chaffin also piloted the airplane for both the corporate business of the Burggraf Corporation and when the aircraft was used in charter service. Mr. Chaffin and the Burggraf Corporation had an oral agreement that for his services as a pilot for Burggraf corporate business, he would be compensated by allowing him free use of the aircraft for his own personal flying purposes on a ratio of one hour of personal use for every ten hours he flew for the corporation. The cost of operating the aircraft was approximately $350.00 per hour, and thus Chaffin’s compensation for piloting the aircraft on Burggraf company business was approximately $35.00 per hour. For his services as a charter pilot when the aircraft was chartered to other persons or businesses, Mr. Chaffin was paid regular monetary compensation either from the Burggraf Corporation or directly from the chartering party. Mr. Chaffin took personal responsibility to see that the airplane was properly serviced and maintained, all at the expense of the Burggraf Corporation.

At the conclusion of the trial the jury returned a unanimous verdict finding that John Chaffin was an employee of the Burggraf Corporation. Plaintiffs moved for a j.n.o.v. or, in the alternative, a new trial. The court issued its decision denying plaintiffs’ motion for j.n.o.v., finding that there was substantial evidence to support the jury’s verdict. However, the court did grant plaintiffs’ motion for new trial, con-[173]*173eluding that the jury’s verdict was against the clear weight of the evidence.

In ruling on the motion for new trial, the trial court stated that the weight of the evidence, in his opinion, indicated that Mr. Chaffin was not an employee of the Burggraf Corporation. Two items of evidence weighed heavily in the court’s decision to grant a new trial. First, the court stated that Mr. Chaffin was not specifically listed as an employee on any payroll record of the Burggraf Corporation, nor was he ever given a W-2 tax form, but rather Mr. Chaffin was given a Form 1099 on which a dollar figure was inserted in a box calling for “non-employee compensation.” Second, while the court acknowledged that Mr. Chaffin had previously been paid some worker’s compensation injury benefits as an employee of Burggraf Corporation by Wausau Insurance Company, the Burggraf Corporation’s worker’s compensation insurer, the court concluded that no premium had been paid by the Burggraf Corporation based on the actual compensation received by Mr. Chaffin. The Burggraf Corporation had only paid a premium of $200 a month for the “air crew” of the corporation. Based primarily on those two claimed evidentiary facts, the trial court concluded that the jury’s verdict was against the great weight of the evidence and granted the plaintiffs’ motion for a new trial. The personal representative of Mr. Chaffin’s estate has appealed, alleging that the trial court misunderstood or misconstrued the evidence on those issues and, further, applied the wrong standard in granting the motion for new trial.

In ruling on a motion for a new trial, the trial court has broad discretion. Quick v. Crane, 111 Idaho 759, 727 P.2d 1187 (1986).

In reviewing the [granting] of a motion for a new trial our standard is well settled. This Court has been consistent in recognizing the trial court’s important function in passing on motions for new trial and upholding the trial court’s grant or denial of such motions unless the court has manifestly abused the wide discretion vested in it. Tibbs v. City of Sandpoint, 100 Idaho 667, 669, 603 P.2d 1001, 1003 (1979); Seppi v. Betty, 99 Idaho 186, 189, 579 P.2d 683, 686 (1978). The trial court is in a far better position to weigh the demeanor, credibility, and testimony of witnesses, and the persuasiveness of all the evidence. Appellate review is necessarily more limited. While we must review the evidence, we are not in a position to “weigh” it as the trial court can. (Citation omitted).

Ill Idaho at 770, 727 P.2d at 1198 (emphasis in original). The appropriate standard of review by this Court, therefore, is whether the trial court abused its discretion in granting plaintiffs’ motion. Id; Jones v. Panhandle Distributors, Inc., 117 Idaho 750, 792 P.2d 315 (1990).

Recently, in Sun Valley Shopping Ctr. v. Idaho Power, 119 Idaho 87, 803 P.2d 993 (1991), this Court set forth the appropriate test for evaluating whether a trial court has abused its discretion.

[T]he sequence of our inquiry is: (1) whether the trial court correctly perceived the issue as one of discretion; (2) whether the trial court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether the trial court reached its decision by an exercise of reason. (Citations omitted.)

119 Idaho at 94, 803 P.2d at 1000.

In this case, the trial court properly recognized the issue as one involving discretion. In its memorandum decision, the trial court stated:

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Bluebook (online)
823 P.2d 775, 121 Idaho 171, 1991 Ida. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burggraf-v-chaffin-idaho-1991.