Mann v. Fredrickson

2006 UT App 475, 153 P.3d 768, 566 Utah Adv. Rep. 30, 2006 Utah App. LEXIS 514, 2006 WL 3437559
CourtCourt of Appeals of Utah
DecidedNovember 30, 2006
DocketNo. 20050955-CA
StatusPublished
Cited by5 cases

This text of 2006 UT App 475 (Mann v. Fredrickson) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mann v. Fredrickson, 2006 UT App 475, 153 P.3d 768, 566 Utah Adv. Rep. 30, 2006 Utah App. LEXIS 514, 2006 WL 3437559 (Utah Ct. App. 2006).

Opinion

OPINION

ORME, Judge:

¶ 1 Appellant Louise Mann claims that th trial court erred in denying her motion for a new trial based on both the insufficiency of the evidence and an erroneous jury instruction. We disagree and affirm.

BACKGROUND

¶ 2 The parties were involved in an automobile accident, Mann's car being struck from behind by a furniture truck driven by defendant Samuel P. Fredrickson. As a result, Mann filed a negligence action against Fredrickson and his employer, Riddle Services, Inc.

¶ 3 After a five-day jury trial presided over by Judge Robert W. Adkins, the jury returned a verdict finding that Mann was 100% at fault and that Fredrickson was not negligent. Mann moved for judgment notwithstanding the verdict, arguing insufficiency of the evidence. Judge Adkins denied the motion and entered judgment in favor of Defendants. Mann then filed a motion for a new trial, again arguing there was insufficient evidence to support the verdict and also alleging the jury was improperly instructed.

¶ 4 During the eleven-day lapse between the entry of judgment and the filing of the motion for a new trial, Judge. Adkins was reassigned to different duties within the district. Responsibility for this case was then assumed by Judge Deno Himonas,; who had succeeded to Judge Adkins's former duties. Following a hearing on the matter, Judge Himonas denied the motion for a new trial. Mann thereafter appealed.

ANALYSIS

I. Standard of Review

T5 Generally, "(al large measure of discretion is vested in the trial court in refusing or granting a motion for new trial on the ground that there is an insufficiency of the evidence to support the verdict and judgment." Pollesche v. Transamerican Ins. Co., 27 Utah 2d 430, 497 P.2d 236, 238 (1972). We give such discretion to the trial court because of its superior position to evaluate first-hand the witnesses' testimony and other evidence presented at trial. See State ex rel. Rd. Comm'n v. Jensen, 22 Utah 2d 214, 451 P.2d 370, 371 (1969) ("The court below having made its determination after hearing all of the evidence presented at the first hearing, we are of the opinion that the court below was in a better position to determine whether the verdict should stand."). The general rule is inapplicable here.

T6 In the instant case, Judge Adkins presided over the five-day jury trial, in which he made rulings on the evidence, saw witnesses testify, and addressed contested jury instructions. Due to Judge Adking's reassignment within the district, however, this case was transferred to Judge Himonas, to whom it fell to rule on a post-trial motion regarding the evidence presented at trial. This motion was filed only eleven days after the judgment was entered and less than one month after the trial. While Judge Adkins had the benefit of presiding over the trial and undoubtedly still had a thorough recollection of the case and its nuances, Judge Himonas was a stranger to the case and could only consider the cold record in reach[770]*770ing his decision on the motion. Under such cireumstances, the appropriate action would have been for Judge Himonas to have transferred the case back to Judge Adkins-"the judge that lived this trial" 1-for a ruling on the motion for a new trial. But this was not done here, and Judge Himonas was therefore in no better position to decide this issue on the record than are we. Thus, we give his decision no deference and review his denial of the motion for a new trial under a correction of error standard. Cf. West Valley City v. Patten, 1999 UT App 149,¶ 7, 981 P.2d 420 (reviewing the denial of a motion to dismiss under a correction of error standard, giving no deference to the second trial judge's decision since she, as the recipient of the case via post-trial transfer, was in no. better position to determine the issue than was the appellate court).

¶ 7 We further question, in general, the practice of automatically transferring cases among judges whenever there are judicial reassignments within a district It seems to us that this practice adversely impacts the efficient use of limited judicial resources. Such a policy frequently results in the situation where the successor judge must pore over a transcript and other pertinent documents in an attempt to gain knowledge that the initially assigned judge already possesses. Further, there are insights gained from a judge's actual involvement with a case that cannot be gleaned from the cold record, which is the very reason appellate courts are usually so quick to defer to trial courts. See State v. Calliham, 2002 UT 86,¶ 23, 55 P.3d 573 ("[The trial judge, having personally observed the quality of the evidence, the tenor of the proceedings, and the demeanor of the parties, is in a better position to perceive the subtleties at issue than we can looking only at the cold record."). Thus, the far superior policy is that onee a judge takes any significant action in a case, that case should remain his or her responsibility so long as he or she is still on the bench. See Hi-Country Estates Homeowners Ass'n v. Bagley & Co., 2000 UT 27,¶ 15, 996 P.2d 534 a justification for reassignment exists, a judge has a duty to retain a case until it is completed."). We therefore urge district courts to modify their reassignment policies accordingly.

II. Motion for a New Trial

¶ 8 Mann argues that the trial court erred by denying her motion for a new trial based on insufficiency of the evidence.2 "The trial court's denial of a motion for a new trial will be reversed only if 'the evidence to support the verdict was completely lacking or was so slight and unconvincing as to make the verdiet plainly unreasonable and unjust! " Nelson v. Trujillo, 657 P.2d 730, 732 (Utah 1982) (quoting McCloud v. Baum, 569 P.2d 1125, 1127 (Utah 1977)). Here, the evidence was not so lacking as to make the verdict plainly unreasonable. Even assuming that the evidence was properly marshaled on appeal,3 we see no error that would warrant a new trial. There was certainly adequate evidence presented for reasonable jurors to determine that Fredrick son, the driver of the following vehicle, had acted reasonably under the cireumstances. For example, there was evidence that he was attentive to Mann's vehicle, was keeping a proper lookout, was following at a reasonable distance, and made every effort to avoid impact when Mann's vehicle precipitously stopped. There was also suffi¢ient evidence to support the determination that Mann had failed to act reasonably under the cireum-stances, including evidence that there was no [771]*771reason for her to stop, that she stopped very suddenly, and that prior to the stop she was not even aware of the vehicles behind her. "The jury was persuaded that [Fredrick sonl's actions were reasonable under these cireumstances, and that [Mann]'s were not. As there is substantial credible evidence on which to base these findings, the jury's verdict will not be disturbed." Maltby v. Cox Constr. Co., 598 P.2d 336, 340 (Utah), cert. denied,

Related

Schreib v. Whitmer
2016 UT App 61 (Court of Appeals of Utah, 2016)
Kranendonk v. Gregory & Swapp, PLLC
2014 UT App 36 (Court of Appeals of Utah, 2014)
Jessop v. Hardman
2014 UT App 28 (Court of Appeals of Utah, 2014)
Sanpete America, LLC v. Willardsen
2011 UT 48 (Utah Supreme Court, 2011)
Markham v. Bradley
2007 UT App 379 (Court of Appeals of Utah, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2006 UT App 475, 153 P.3d 768, 566 Utah Adv. Rep. 30, 2006 Utah App. LEXIS 514, 2006 WL 3437559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-fredrickson-utahctapp-2006.