Dinneen v. Finch
| Decision Date | 28 November 1979 |
| Docket Number | No. 12462,12462 |
| Citation | 100 Idaho 620,603 P.2d 575 |
| Parties | Michael D. DINNEEN, Plaintiff-Appellant, v. James C. FINCH, and City of Wardner, a Municipal Corporation, Defendants-Respondents. |
| Court | Idaho Supreme Court |
Robert H. Whaley of Winston & Cashatt, Spokane, Wash., Michael E. McNichols, Orofino, for plaintiff-appellant.
Paul D. McCabe, Samuel Eismann, Coeur d'Alene, for defendants-respondents.
In this case we are required to consider first, the function of a trial judge when faced with a motion for a new trial based upon inadequate damages and, second, the function of this Court in reviewing the decision on that motion. This question has not previously been explicitly decided by this Court.
On January 5, 1973, plaintiff Dinneen was injured in an accident while returning from a day of skiing at the Jackass (now Silverhorn) Ski Bowl area. He was one of two passengers in a 1973 Chevrolet Blazer driven by defendant Finch. (The other passenger was killed and neither his heirs nor his estate are involved in this action.) Finch apparently lost control of the vehicle on an unprotected sharp turn and went off the road and 600 feet down a steep embankment. Dinneen was thrown out about half way down as the car rolled over and over, and the fiberglass top was torn off. He had to be dragged up the hill on a "sled" made from the ripped top.
Dinneen spent 11 days in the hospital and was then taken home, where he still required a hospital bed. He was bedridden, requiring assistance to do virtually anything, and then spent more time on crutches, for a total of about two months. His injuries included two broken ribs (broken in Back, apparently more traumatic), a broken pelvis (which healed out of alignment), a separated sacro-iliac joint that later fused, 1 temporary paralysis of the hand, and two collapsed lungs, along with assorted bruises. He required several blood transfusions. All counsel stipulated to the reasonableness of medical expenses of $1,950.55. Dinneen also claimed lost personal property of approximately $510.
Dinneen sued Finch, the City of Wardner (which had annexed the road and ski area), and the ski bowl association. Dinneen admitted he sued Finch only for consistency due to the repeal of the guest statute in Idaho. Finch crossclaimed against the other defendants. Wardner filed a third party action against the City of Kellogg.
The trial involved the two typical issues of liability and damages. Other than the uncontroverted specials the testimony on damages was directed to Dinneen's permanent disability and lost wages. Testimony showed he had been an athlete in high school and college, placing several times in the Big Sky Conference wrestling tournament. He had worked as a laborer for a construction company over the summers and then returned there after graduation to operate heavy equipment. His employer, one Redding, said that before the accident he was in "very good physical condition . . . very strong . . . fast and agile . . . a better than average worker." After the accident, according to Dinneen, heavy exertion caused him pain. He could downhill ski again but did not do it as much, he tried but could not water ski, and he gave up motorcycle trail-riding as too painful. He claimed operating the construction equipment and in fact any prolonged sitting was painful. Redding stated that Dinneen was "not in very good physical condition" after the accident and didn't have the same production capability. Plaintiff's medical expert (an orthopedist who did not treat him) rated him as 15% Disabled of the whole man. A defense physician claimed there was No permanent disability since Dinneen could do all he did before and had not told him of any pain. On cross-examination he admitted that there would have been excruciating pain for months, that even after that time pain on heavy exertion would be consistent with the injuries, and that he had not tested Dinneen under such a condition of heavy exertion.
The testimony on lost wages showed that Dinneen was not working at the time of the accident. However, he testified that his layoff was only temporary, since the job had stopped due to frozen ground, and that he would return as soon as Redding called. Redding confirmed this and testified that he had work available, and, but for the accident would have called Dinneen back January 16 for full time work from then on. Dinneen testified that he was able to and did return to work in June, at which time he earned $6.85 per hour. The defense argued that Dinneen's earnings in 1973 exceeded 1972, and hence no lost wages were shown. However, Dinneen had also missed three months of 1972 due to knee surgery not related to this case. Eventually Dinneen decided he could not function satisfactorily as an operating engineer. He returned to school in business and at the time of trial was an accounting clerk in Connecticut for Morrison-Knudson.
The court requested special verdicts of the jury which were answered as follows: As to Dinneen, the jury apportioned negligence:
Dinneen 0
Finch 50%
Wardner 50%
The jury assessed damages of $3,000 in a nine-person verdict (all the others being unanimous). As to Finch the jury found the following proportions:
Finch 100%
The jury set Finch's damages at zero. The special verdict form did not include Wardner at all. (As to both verdicts, the jury found no contribution due Wardner from Kellogg.) Judgment was accordingly entered for Dinneen for $3,000 against Finch and Wardner. Dinneen was also awarded $449.65 in costs against those defendants but assessed $493.90 in costs payable to Jackass Ski Bowl.
Dinneen requested a new trial on either damages or all issues, on the grounds that the verdict was inadequate and appeared to have been given under the influence of passion or prejudice under I.R.C.P. 59(a)(5). The district court denied this motion. Although he found the special damages of $2,460.55 to be uncontroverted, he ruled that the jury could have disregarded the evidence on lost wages. Since they did give an amount above the specials, albeit small, the judge was not "convinced that the jury did not make an award for pain and suffering." Dinneen appealed, claiming that the damages awarded were inadequate, urging that the district court should have so held, and that this Court should so hold. Liability is not raised as an issue on appeal by any party.
Under Rule 59(a)(5) a new trial may be granted for "Excessive damages or inadequate damages, appearing to have been given under the influence of passion or prejudice." This rule is of fairly recent origin, having become effective January 1, 1975. The prior Rule 59(a) referred to statutory grounds for granting a new trial, contained in I.C. § 10-602. Among these were excessive damages, but inadequate damages were not included as grounds for a new trial. In the short tenure of the new rule, this Court has not specifically passed upon the function of a trial judge in ruling upon a motion for a new trial premised upon a challenge of inadequate damages, nor has it passed upon the standard to be utilized in this Court in reviewing an order denying a new trial so based.
In order to resolve these questions we necessarily consider whether those functions are the same in cases of inadequate damages as they are in cases of excessive damages. Perceiving no reason for distinguishing one from the other, we hold that the same review should be made whether the claim is that the damages are inadequate or that the damages are excessive. 2 In the latter situation, our case law is well established.
In Mendenhall v. MacGregor Triangle Co., 83 Idaho 145, 358 P.2d 860 (1961), Justice McFadden wrote for the Court:
(Emphasis added) 83 Idaho at 150, 358 P.2d at 862 (citations omitted).
The Mendenhall case quoted Checketts v. Bowman, 70 Idaho 463, 220 P.2d 682 (1950), and Bond v. United Railroads, 159 Cal. 270, 113 P. 366 (1911), which respectively state:
Mendenhall, supra, 83 Idaho at 150-51, 358 P.2d at 862-63.
In a more recent case, Blaine v. Byers, 91 Idaho 665, 429 P.2d 397 (1967), the Court took the pains to repeat the foregoing statements from Mendenhall, Checketts and Bond, and proceeded to specify the trial judge's function in ruling on excessive damages claims:
...
To continue reading
Request your trial
-
Sanchez v. Galey
...that the trial judge made his initial order requiring of Sanchez a remittitur of $400,000.00, or face a new trial, Dinneen v. Finch, 100 Idaho 620, 603 P.2d 575 (1979), was the last recent case to discuss the appellate standards of review of a trial court order granting the extraordinary re......
-
Robertson v. Richards, 16043
...... Sanchez v. Galey, 112 Idaho 609, 733 P.2d 1234 (1986); Dinneen v. Finch, 100 Idaho 620, 603 P.2d 575 (1979); Meissner v. Smith, 94 Idaho 563, 494 P.2d 567 (1972); Rosenberg v. Toetly, 93 Idaho 135, 456 P.2d 779 ......
-
Curtis v. Firth
...the trial judge has applied a 'question of law' rule to a decision which must be made as question of fact." Dinneen v. Finch, 100 Idaho 620, 625, 603 P.2d 575, 580 (1979). After correctly enunciating the standard set out in Quick, the trial court held that "[I]n this case the Court finds no......
-
Cheney v. Palos Verdes Inv. Corp.
...397 (1967). The trial judge has authority to order a new trial if in his judgment damages are excessive or inadequate. Dinneen v. Finch, 100 Idaho 620, 603 P.2d 575 (1979); Fignani v. City of Lewiston, 94 Idaho 196, 484 P.2d 1036 (1971); Warren v. Eshelman, 88 Idaho 496, 401 P.2d 539 (1965)......