Paugh v. Ashley Valley Medical Center

CourtDistrict Court, D. Utah
DecidedJuly 31, 2024
Docket2:17-cv-01249
StatusUnknown

This text of Paugh v. Ashley Valley Medical Center (Paugh v. Ashley Valley Medical Center) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paugh v. Ashley Valley Medical Center, (D. Utah 2024).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

TRISTEN CALDER, as personal MEMORANDUM DECISION AND representative of the estate of COBY LEE ORDER DENYING PLAINTIFF’S PAUGH, RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW, OR IN THE Plaintiff, ALTERNATIVE, FOR A NEW TRIAL v.

UINTAH COUNTY; KORI ANDERSON; Case No. 2:17-CV-01249-JNP-CMR DAN BUNNELL; KYLE FULLER; TYLER CONLEY; and RICHARD District Judge Jill N. Parrish GOWEN, Magistrate Judge Cecilia M. Romero

Defendants.

At trial, Plaintiff filed a timely motion for a directed verdict. ECF No. 220. The court heard argument on the matter and denied Plaintiff’s motion. Id. On August 18, 2023, the jury returned a verdict finding against Plaintiff on all three claims. ECF No. 229. Now before the court is Plaintiff’s renewed motion for judgment as a matter of law, or in the alternative, for a new trial. ECF No. 234. In the motion, Plaintiff requests that the court enter judgment as a matter of law in Plaintiff’s favor on Claim Three against Defendant Uintah County, which asked whether Plaintiff had established a constitutional claim against Uintah County for adopting a policy or custom that harmed Coby Lee Paugh (“Mr. Paugh”). Id. In the alternative, Plaintiff requests a new trial on Claim Three. Id. For the reasons stated herein, Plaintiff’s motion is DENIED. I. RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW Under Federal Rule of Civil Procedure 50, a party may move for judgment as a matter of law “at any time before the case is submitted to the jury.” Fed. R. Civ. P. 50(a)(2). When making such a motion, the movant is required to “specify the judgment sought and the law and facts that entitle the movant to the judgment.” Id. (emphasis added). If the motion is denied, the movant may renew the motion by no later than 28 days after the jury was discharged. Fed. R. Civ. P. 50(b). In their opposition memorandum, the Defendants argue that “[a]s a matter of law, Plaintiff failed to make any evidentiary showing that the evidence was insufficient to support the verdict.” ECF No. 237, at 5. The court agrees. As the movant, Plaintiff bears the burden to demonstrate that

after “viewing the evidence in the light most favorable to the nonmoving party, all the evidence and the inferences to be drawn from it are so clear that reasonable persons could not differ in their conclusions.” Banki v. Provident Indem. Life Ins. Co., 95 Fed. App’x 268, 271 (10th Cir. 2004). Yet Plaintiff’s motion fails to establish a basis upon which the court could enter judgment. The parties presented contradictory evidence at trial, which the jury was entitled to weigh in reaching a verdict. Plaintiff’s motion, however, is entirely devoid of citations to trial exhibits and cites no actual record testimony. In the face of a motion lacking factual support, the court cannot step in, order the creation of a trial transcript, review that transcript, determine which pieces of testimony and which exhibits are relevant to Plaintiff’s third claim, and argue on Plaintiff’s behalf that

reasonable persons could not return a verdict for the Defendants on that claim. See Fed. R. Civ. P. 50(a)(2) (stating that the movant seeking judgment as a matter of law must establish both “the law and facts that entitle the movant to the judgment”) (emphasis added). Plaintiff would be entitled to judgment as a matter of law if, “construing the evidence and all inferences in the light most favorable to the nonmoving party, ‘the court is certain the evidence conclusively favors [the moving] party such that ‘no reasonable jury could ‘arrive at a contrary verdict.’” Zisumbo v. Ogden Reg'l Med. Ctr., 801 F.3d 1185, 1198 (10th Cir. 2015) (citing Weese v. Schukman, 98 F.3d 542, 547 (10th Cir. 1996)). By failing to produce and cite to record testimony and exhibits throughout its motion, Plaintiff failed to meet the burden to prove that this standard has been met. Plaintiff’s renewed motion for judgment as a matter of law is therefore denied. Even if the court reached the merits of Defendants’ renewed motion for judgment as a matter of law, the court would deny the motion because the record, viewed in a light most favorable to the Defendants, adequately supports the jury’s determination that the Plaintiff is not entitled to relief on Claim Three. See Stroup v. United Airlines, Inc., 26 F.4th 1147, 1162 (10th Cir. 2022).

II. MOTION FOR A NEW TRIAL In the alternative, Plaintiff requests a new trial on Claim Three. Plaintiff’s motion for a new trial is governed by Federal Rule of Civil Procedure 59. Under that rule, a court may grant a new trial “for any reason for which a new trial has heretofore been granted in an action at law in federal court.” Fed. R. Civ. P. 59(a). For the court to grant a motion for a new trial, the “party seeking to set aside a jury verdict must demonstrate trial errors which constitute prejudicial error or that the verdict is not based on substantial evidence.” White v. Conoco, Inc., 710 F.2d 1442, 1443 (10th Cir. 1983) (citation omitted). Because Plaintiff moves for a new trial based on the sufficiency of the evidence on Claim Three, the court must view the evidence relevant to that claim

in the light most favorable to the non-moving parties. See Griffin v. Strong, 983 F.2d 1544, 1546 (10th Cir. 1993) (quoting Ralston Dev. Corp. v. United States, 937 F.2d 510, 512 (10th Cir. 1991)). The district court has discretion in determining whether to grant a motion for a new trial. See McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 556, 104 S. Ct. 845, 78 L. Ed. 2d 663 (1984) (quoting Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 251 (1940)); see also Hinds v. General Motors Corp., 988 F.2d 1039, 1046 (10th Cir. 1993) (quoting Canady v. J.B. Hunt Transport, Inc., 970 F.2d 710, 716 (10th Cir. 1992)). Such motions are “not regarded with favor and should only be granted with great caution.” Franklin v. Thompson, 981 F.2d 1168, 1171 (10th Cir. 1992) (quoting United States v. Thornbrugh, 962 F.2d 1438, 1443 (10th Cir. 1992)).

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Related

Montgomery Ward & Co. v. Duncan
311 U.S. 243 (Supreme Court, 1940)
McDonough Power Equipment, Inc. v. Greenwood
464 U.S. 548 (Supreme Court, 1984)
Weese v. Schukman
98 F.3d 542 (Tenth Circuit, 1996)
Escue v. Northern Oklahoma College
450 F.3d 1146 (Tenth Circuit, 2006)
White v. Conoco
710 F.2d 1442 (Tenth Circuit, 1983)
Brian K. Black v. Hieb's Enterprises, Inc.
805 F.2d 360 (Tenth Circuit, 1986)
Ralston Development Corporation v. United States
937 F.2d 510 (Tenth Circuit, 1991)
Ricky Dale Canady v. J.B. Hunt Transport, Inc.
970 F.2d 710 (Tenth Circuit, 1992)
Zisumbo v. Ogden Regional Medical Center
801 F.3d 1185 (Tenth Circuit, 2015)
Griffin v. Strong
983 F.2d 1544 (Tenth Circuit, 1993)

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Paugh v. Ashley Valley Medical Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paugh-v-ashley-valley-medical-center-utd-2024.