Stoddard v. Hubbard

804 P.2d 1356, 119 Idaho 225, 1991 Ida. App. LEXIS 18
CourtIdaho Court of Appeals
DecidedJanuary 23, 1991
DocketNo. 18340
StatusPublished

This text of 804 P.2d 1356 (Stoddard v. Hubbard) 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
Stoddard v. Hubbard, 804 P.2d 1356, 119 Idaho 225, 1991 Ida. App. LEXIS 18 (Idaho Ct. App. 1991).

Opinion

SUBSTITUTE OPINION

The Court’s prior opinion, dated November 28, 1990, is hereby withdrawn.

WALTERS, Chief Judge.

This is a personal injury case. We are asked to determine if the trial court correctly instructed the jury on the effect of a comparative negligence finding. We are also asked to determine whether the trial court properly denied a motion for a new trial. We affirm the amended judgment of the trial court.

The issues of this trial, and the resulting appeal, arose from a traffic accident which occurred at the intersection of Eighth Street and Brumback Street, a residential area in north Boise. Sandra Stoddard was driving north on Eighth Street, with her daughter, Tania, as a passenger in the vehicle. Stoddard’s direction of travel was not limited by a stop sign. Simultaneously, June Hubbard was driving east on Brumback. She stopped at a stop sign before proceeding to cross Eighth Street. Stoddard observed Hubbard’s vehicle approaching the stop sign and determined that the [227]*227vehicle was going to stop. Stoddard became distracted by joggers who were northbound on the sidewalk, to Stoddard’s right, parallel to Eighth Street as they crossed Brumback. Stoddard then heard her daughter yell “watch it!” Stoddard looked to observe Hubbard’s vehicle entering the intersection from Stoddard’s left. Stoddard braked and turned her vehicle to the right in an unsuccessful attempt to avoid the collision.

As a direct result of the accident, Sandra Stoddard received a soft tissue injury to her spine. This injury resulted in decreased mobility which affected her job and her home life. In contrast, Tania Stoddard’s injuries were much less severe. She experienced pain between her shoulders for two months following the accident. Tania was treated four times and thereafter experienced no future problems. After each side presented its case to the jury, the court instructed the jury on comparative negligence.1 The jury returned a verdict in favor of the Stoddards, finding that Sandra Stoddard had sustained damages in the amount of $5,000 and that Tania Stoddard’s damages were $152. However, the jury also found Sandra Stoddard forty-five percent negligent. As a result of this latter determination, the court entered judgment awarding Sandra Stoddard fifty-five percent of her damages, $2,750.

The Stoddards filed post-trial motions seeking a new trial, an additur and a judgment notwithstanding the verdict. After a hearing, the trial court granted Stoddards’ motion for judgment notwithstanding the verdict with respect to the issue of liability only. The amended judgment vacated the jury's determination of comparative negligence, increasing Sandra Stoddard’s judgment to $5,000, the total damages sustained by her as found by the jury. In the alternative, the court ordered that the plaintiffs be granted a new trial on the issue of liability unless Hubbard accepted the amended judgment. The Stoddards appeal the order denying their motion for a new trial on damages, arguing that the trial court erred in instructing the jury with regard to the effect the jury’s comparative negligence finding would have on the damage award. The Stoddards further argue that it was reversible error to deny their motion for a new trial where it appears on the record that damages were rendered as a result of passion and prejudice. We address each issue in turn.

I.

We begin by examining the Stoddards’ assertion that the trial court erred in refusing to instruct the jury with regard to a comparative negligence finding. As a general rule in Idaho, “it is reversible error for the trial court to instruct the jury as to what effect their answers will have on the final outcome of the case.” Holland v. Peterson, 95 Idaho 728, 732, 518 P.2d 1190, 1194 (1974). However, the Supreme Court has carved out an exception to this general rule. In Seppi v. Betty, 99 Idaho 186, 579 P.2d 683 (1978), the Court held that:

[I]t is not reversible error for the court to inform the jury of the effect of apportioning 50% or more of the negligence to the plaintiff. Though we believe in most cases such an instruction is fully warranted, we conclude that the trial courts should be given discretion not to so inform the jury in those cases where the issues are so complex or the legal issues so uncertain that such instructions would confuse or mislead the jury. In light of this ruling, we also believe that the trial court should carefully instruct the jury that they are to determine the total damages and that they are not to reduce that sum to reflect their findings on the percentage of negligence.

Seppi v. Betty, 99 Idaho at 195, 579 P.2d at 692.

Accordingly, in cases involving comparative negligence, the trial court may instruct the jury of the effect of apportioning fifty percent or more of the negligence to the [228]*228plaintiff unless, in the exercise of its discretion, the trial judge determines that the case is overly complex. The court should also insure that, when the jury assesses damages sustained by the plaintiff, the jury understands it is to determine the total amount of damages suffered by the plaintiff as a result of the accident, without reduction reflecting the apportionment of negligence. We note that while Seppi counsels that in most eases such instructions are warranted, its holding states merely that it is not reversible error to give such instruction. With this in mind, we must determine whether the trial court erred in its instructions to the jury in the present case.

The instruction at issue is contained in the special verdict form submitted to the jury. The special verdict form states that:

We, the jury, answer the questions submitted to us in this special verdict as follows:
QUESTION NO. 1: Was there negligence on the part of defendant, June L. Hubbard, which was a proximate cause of the accident?
ANSWER: Yes.
The defendant, June L. Hubbard, has admitted that she was negligent and that her negligence was a proximate cause of the accident. Since the defendant’s negligence has been established, the court has answered “Yes” to this question.
QUESTION NO. 2: Was there negligence on the part of the plaintiff, Sandra K. Stoddard, which was a proximate cause of the accident?
ANSWER: Yes_ No_
If you answered “No” to Question No. 2, then you will not answer Question No. 3, but will next answer Question No. 4.
If you answered “yes” to Question No. 2, then answer Question No. 3.
QUESTION NO. 3: We find that the parties contributed to the cause of the accident in the following percentages:
a. The Plaintiff Sandra K. Stoddard _%
b. The Defendant June L. Hubbard —%
Total: 100%
If the percentage of negligence for the plaintiff, Sandra K. Stoddard, is fifty percent or more, then you are not to answer any further question regarding damages to Sandra K. Stoddard.
If the percentage of negligence for the plaintiff, Sandra K.

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Related

Holland v. Peterson
518 P.2d 1190 (Idaho Supreme Court, 1974)
State v. Hedger
768 P.2d 1331 (Idaho Supreme Court, 1989)
Quick v. Crane
727 P.2d 1187 (Idaho Supreme Court, 1986)
Cassia Creek Reservoir Co. v. Harper
426 P.2d 209 (Idaho Supreme Court, 1967)
Seppi v. Betty
579 P.2d 683 (Idaho Supreme Court, 1978)
Dinneen v. Finch
603 P.2d 575 (Idaho Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
804 P.2d 1356, 119 Idaho 225, 1991 Ida. App. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoddard-v-hubbard-idahoctapp-1991.