Lumbermens Mutual Casualty Co. v. Egbert

873 P.2d 1332, 125 Idaho 678, 1994 Ida. LEXIS 59
CourtIdaho Supreme Court
DecidedApril 29, 1994
DocketNo. 20430
StatusPublished
Cited by6 cases

This text of 873 P.2d 1332 (Lumbermens Mutual Casualty Co. v. Egbert) 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
Lumbermens Mutual Casualty Co. v. Egbert, 873 P.2d 1332, 125 Idaho 678, 1994 Ida. LEXIS 59 (Idaho 1994).

Opinion

JOHNSON, Justice.

This is an interpleader case in which a liability insurance company tendered into court its policy limits, requesting the trial court to divide these limits among the parties who suffered damages in a motor vehicle accident caused by its insured. We conclude: (1) the trial court did not abuse its discretion in refusing to admit expert evidence, and (2) the trial court correctly withheld attorney fees and costs from the portion the trial court ordered paid to a workers’ compensa[679]*679tion surety which had paid benefits to one of the injured parties.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

This case arises from a motor vehicle collision. At the time of the accident, Bryon Egbert (Bryon) was driving a vehicle owned by his father-in-law John Austin (Austin), and in which Austin was a passenger. Jeffrey Coffman (Coffman) was driving a vehicle which ran a stop sign and collided with the vehicle in which Bryon and Austin were riding. Bryon was killed, and Austin was injured. At the time of the collision, Bryon was acting within the scope of his employment as an employee of Austin.

After Austin and his wife (the Austins) and Bryon’s widow, Kimberly, sued Coffman. Coffman’s insurer, Lumbermens Mutual Casualty Company (Lumbermens), recognized Coffman’s responsibility for the accident and filed an interpleader action, depositing Coffman’s liability insurance limits of $300,000 with the trial court. Lumbermens named as defendants Kimberly and her children (the Egberts) and the Austins, as well as others who are not part of this appeal. Lumbermens did not join as a defendant the State Insurance Fund (SIF), which had paid Austin’s workers’ compensation medical and disability benefits resulting from the accident. SIF intervened, seeking to recover some of the benefits it had paid and those it would pay in the future.

The trial court held a court trial to determine the distribution of the interpleaded funds. Prior to the trial, the Austins, who are the parents of Kimberly, agreed with Kimberly that any recovery of the inter-pleaded funds should be divided in the ratio of eighty percent to the Egberts and twenty percent to the Austins. The Egberts and the Austins said they agreed to this division because the Austins were in their mid-sixties, semi-retired, and with no dependent children; and Kimberly was twenty-nine, with no significant education or financial resources, and with two small dependent children.

During the trial, the Egberts and the Austins were represented by the same attorney. The trial court admitted evidence presented by the Egberts and the Austins that the economic loss suffered by the Egberts because of Bryon’s death was approximately $823,400. The trial court admitted evidence presented by SIF that SIF had paid $93,-867.49 in medical expenses for Austin and $17,940.46 in disability benefits to Austin up to the time of trial. The trial court refused to admit the testimony of an SIF claims supervisor and an exhibit prepared by the claims supervisor offered by SIF as an estimate of the future medical and disability benefits SIF would pay for Austin. The trial court rejected the testimony and the exhibit on the ground that the claims supervisor did not have the medical expertise that was necessary to lay a foundation for the estimates.

Following the trial, the trial court allocated eighty percent of the interpleaded funds to the Egberts. The trial court allocated twenty percent to the Austins, ruled that SIF was entitled to the Austins’ share, and determined that the Austins could withhold a one-third attorney fee and costs from this share.

On appeal, SIF challenges only the trial court’s refusal to admit the testimony and exhibit concerning SIF’s future liability to Austin and the trial court’s withholding of the Austins’ attorney fees and costs in awarding the Austins’ share of the inter-pleaded funds to SIF.

We first note that because we address only the issues framed by the parties in this appeal, we offer no opinion concerning the proper theory upon which interpleaded funds should be divided in a case like this. Nothing we say in deciding the issues presented in this appeal should be read as accepting or rejecting any underlying theory upon which the parties or the trial court may have proceeded here.

II.

THE TRIAL COURT DID NOT ABUSE ITS DISCRETION BY REFUSING TO ALLOW A SIF’S CLAIMS SUPERVISOR TO ESTIMATE SIF’S FUTURE LIABILITY FOR MEDICAL AND DISABILITY BENEFITS TO AUSTIN

SIF asserts that the trial court should have allowed the claims supervisor to present [680]*680testimony and an exhibit to estimate SIF’s future liability for medical and disability benefits to Austin to establish SIF’s “damages” arising out of this claim. We conclude that the trial court did not abuse its discretion in not allowing the testimony or the exhibit.

The trial court determined that the claims supervisor would base her testimony and the exhibit on medical records and evaluations. It appears from the district judge’s comments at trial that he believed there must be proper evidence of Austin’s permanent disability and unemployability before it would be appropriate to consider the claims supervisor’s estimate of SIF’s future liability for the claim. The trial court ruled that there was not a sufficient foundation for the evidence, because the claims supervisor was not qualified as a medical expert. The trial court also ruled that the claims supervisor could not give lay opinion, because she had no firsthand knowledge of the injuries to Austin.

Our trial courts have broad discretion in deciding whether to admit expert testimony. In Sidwell v. William Prym, Inc., 112 Idaho 76, 730 P.2d 996 (1986), the Court embraced these comments by the committee that presented I.R.E. 702 to the Court for adoption:

“Whether a witness is sufficiently qualified as an expert to state an opinion is a matter which is largely within the discretion of the trial court, [citations] The Idaho court has also held that the ‘admissibility of expert opinion testimony is discretionary with the trial court and will not be disturbed absent a showing of an abuse of discretion.’ ” [citations]

Id. at 81, 730 P.2d at 1001 (brackets in original) (quoting from the comment to I.R.E. 702).

In exercising this discretion, a trial court must also take into account I.R.E. 703, which provides:

Basis of opinion testimony by experts.— The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

In Doty v. Bichard, 123 Idaho 329, 848 P.2d 387 (1992), the Court stated:

The trial court, in its discretion, may allow an expert to render an opinion based in part upon hearsay or other inadmissible evidence, as long as the expert testifies as to the specific basis of his opinion and reaches an opinion through his own independent judgment.

Id. at 336, 848 P.2d at 394 (emphasis added).

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Bluebook (online)
873 P.2d 1332, 125 Idaho 678, 1994 Ida. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumbermens-mutual-casualty-co-v-egbert-idaho-1994.