Lehmkuhl v. Bolland

757 P.2d 1222, 114 Idaho 503, 1988 Ida. App. LEXIS 71
CourtIdaho Court of Appeals
DecidedJune 16, 1988
Docket16775
StatusPublished
Cited by8 cases

This text of 757 P.2d 1222 (Lehmkuhl v. Bolland) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lehmkuhl v. Bolland, 757 P.2d 1222, 114 Idaho 503, 1988 Ida. App. LEXIS 71 (Idaho Ct. App. 1988).

Opinions

SUBSTITUTE OPINION

The Court’s prior opinion, dated February 1, 1988, is hereby withdrawn.

WALTERS, Chief Judge.

This is an appeal from an order denying a motion by the plaintiffs Donald and Jill [504]*504Lehmkuhl for new trial, in a personal injury action tried to a jury. Because we conclude the jury’s verdict was contrary to the clear weight of the evidence, we reverse the order denying the Lehmkuhls’ motion, and we remand for a new trial.

Certain facts in this case are undisputed. They are as follows. On December 12, 1984, shortly after 5:00 p.m., Donald Lehmkuhl was driving a Dodge Colt automobile he had recently purchased, in a southerly direction along U.S. Highway 20 approximately one and one-half miles south of Ashton, Idaho. Lehmkuhl was being followed in another car by his stepfather, Harry Housley. It was getting dark and there was some snow on the road surface. The Dodge suffered electrical problems, causing Lehmkuhl to pull over to the west shoulder of the highway. After parking the car, Lehmkuhl continued with Housley in the latter’s vehicle to the Lehmkuhl residence. There they picked up a battery and returned north to the disabled vehicle, in a Ford pickup truck belonging to Lehmkuhl. When they arrived at the location of the Dodge, Lehmkuhl crossed the highway and positioned his pickup truck directly in front of and facing the disabled Dodge. Lehmkuhl left the pickup’s headlights on. Lehmkuhl and Housley got out and began to repair the Dodge. Lehmkuhl raised the hood on the automobile in order to replace the battery. In the meantime, Herbert Bolland was driving south on Highway 20 from Ashton. When Bolland approached the Lehmkuhl vehicles, he collided with the left rear portion of Lehmkuhl’s disabled Dodge. Both Lehmkuhl and Housley, who were standing between the Dodge and Lehmkuhl’s Ford pickup, were injured as a result of the collision. They sued Bolland. Lehmkuhl’s wife, Jill, also sued for loss of consortium resulting from her husband’s injuries. Bolland counterclaimed.

At trial, the dispute centered on the precise location of the Lehmkuhl vehicles pri- or to the accident. Bolland asserted the Lehmkuhl pickup was improperly parked with a portion of the pickup protruding into the southbound lane. He testified that the right headlamp of Lehmkuhl’s pickup gave him the impression that a vehicle was occupying his traffic lane and he pulled to his right, into the emergency lane, to avoid a collision. To the contrary, Lehmkuhl maintained that his pickup truck was completely within the boundary of the emergency lane. The deputy sheriff who responded to the accident was unable to produce any recording of measurements from the accident scene but did “guess” that the Lehmkuhl pickup was improperly parked. The deputy also estimated the damage to the Lehmkuhl vehicles at approximately $2500. An accident reconstructionist testified that, from studying photographs of the damaged vehicles and tire marks, the pickup truck was not parked in the southbound traffic lane. Various other witnesses offered conflicting recollections regarding the pickup’s location.

The jury returned a special verdict finding Harry Housley not negligent in causing the accident. The jury awarded him $2500 in damages.1 The jury found Donald Lehmkuhl fifty percent at fault and awarded no damages to him. The verdict also awarded no damages to Jill Lehmkuhl. Further, the jury found Herbert Bolland fifty percent at fault and awarded him no damages on his counterclaim.

After the Lehmkuhls’ motion for a judgment notwithstanding the verdict (or in the alternative, for a new trial) was denied, a judgment consistent with the verdict was entered. The Lehmkuhls then filed this appeal. The Lehmkuhls contend (1) the district court erred in not granting their motion for a new trial or for judgment n.o.v., asserting the verdict was against the weight of the evidence and the law; (2) the district court erred in not allowing the Lehmkuhls’ counsel an opportunity to read [505]*505and consider jury instructions prepared by the court, outside the presence of the jury, prior to the giving of those instructions; (3) error was committed when the district court failed to give certain instructions requested by the plaintiffs; (4) the court erroneously assessed costs against Jill Lehmkuhl in the absence of finding that an offer - of judgment had been made to her; and (5) error was committed by the court in not admitting evidence concerning Bolland’s driving at a time several hours prior to the accident.

From our review of this case, we conclude that Lehmkuhls’ first issue raised on this appeal is dispositive. We hold that the district court should have granted a new trial on the grounds of insufficiency of the evidence to support (1) a finding of fifty percent negligence on the part of Donald Lehmkuhl, and (2) a finding that Donald Lehmkuhl suffered no damages. Upon those two points, the jury’s verdict is not in accord with the clear weight of the evidence.

Because we hold that a new trial should be granted in this case, we also will provide guidance to the trial court on another issue raised by the Lehmkuhls: the admission of evidence concerning Bolland’s driving several hours before the accident. As to that issue, we sustain the trial court’s exclusion of the evidence.

I

Motion for New Trial

On review of an order denying a motion for new trial predicated upon the sufficiency of the evidence, we are not concerned with whether there is substantial evidence upon which the jury rendered its verdict — as would be the case in reviewing an order denying a motion for judgment n.o.v. Rather, the pertinent standard is whether the trial judge abused his discretion in failing to find that the verdict was against the clear weight of the evidence.

In approaching the issue of whether a new trial should be granted on grounds of insufficient evidence to support a jury’s verdict, we find guidance in our Supreme Court’s recent unanimous opinion in Garrett Freightlines, Inc. v. Bannock Paving Co., Inc., 112 Idaho 722, 735 P.2d 1033 (1987). In that case, a jury had determined that both Garrett and Bannock Paving were equally negligent in causing a multiple-vehicle collision at a construction site on the interstate freeway. Bannock Paving’s motion for a new trial was denied by the trial court and Bannock appealed, contending the evidence at the trial did not support the jury’s assessment of negligence, causation and concomitant liability. The Supreme Court reviewed the evidence adduced at the trial and concluded that, although there was evidence of negligence on the part of both Garrett and Bannock Paving, “no reasonable jury could have found, as the jury in the present case found, that the negligence of Bannock was equal to the negligence of the Garrett truck driver.” 112 Idaho at 728-29, 735 P.2d at 1039-40. The Court specifically determined that the jury’s finding of equality of negligence was “against the great weight of the evidence.” 112 Idaho at 729, 735 P.2d at 1040. The Court concluded: “Because the jury’s verdict in the present case was against the great weight of the evidence, the trial court erred in denying Bannock’s motion for a new trial.” 112 Idaho at 730, 735 P.2d at 1041 (citing I.R.C.P. 59(a)(6) and Quick v. Crane, 111 Idaho 759, 727 P.2d 1187 (1986)).

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Lehmkuhl v. Bolland
757 P.2d 1222 (Idaho Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
757 P.2d 1222, 114 Idaho 503, 1988 Ida. App. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehmkuhl-v-bolland-idahoctapp-1988.