Sheridan v. Jambura

• Decision Date: 22 May 2001
• Docket Number: No. 25823.,25823.
• Citation: 25 P.3d 100,135 Idaho 787
• Parties: Patrick SHERIDAN, Susan Sheridan, husband and wife individually and as Guardians Ad Litem for Cal Sheridan, a minor, Plaintiffs-Respondents, v. John J. JAMBURA, M.D., David B. Bettis, M.D. and John Does I-V, Defendant-Appellant, and St. Luke's Regional Medical Center, Defendants.
• Court: Idaho Supreme Court

25 P.3d 100

135 Idaho 787

Patrick SHERIDAN, Susan Sheridan, husband and wife individually and as Guardians Ad Litem for Cal Sheridan, a minor, Plaintiffs-Respondents, v. John J. JAMBURA, M.D., David B. Bettis, M.D. and John Does I-V, Defendant-Appellant, and St. Luke's Regional Medical Center, Defendants.

No. 25823.

Supreme Court of Idaho, Boise, February 2001 Term.

May 22, 2001.

Hawley, Troxell, Ennis & Hawley, Boise, for appellant. Joseph D. McCollum, Jr., argued.

Hepworth, Lezamiz & Hohnhorst, Boise, for respondents. J. Charles Hepworth, argued.

TROUT, Chief Justice.

This is an appeal from the district judge's grant of a new trial pursuant to I.R.C.P. 59(a)(6).

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts and procedural history of this case are recounted in Sheridan v. St. Luke's Regional Medical Center, 135 Idaho 775, 25 P.3d 88 (2001).

II. STANDARD OF REVIEW

Dr. Jambura appeals the district judge's grant of new trial under Rule 59(a)(6). Idaho Rules of Civil Procedure, Rule 59(a)(6) provides:

A new trial may be granted to all or any of the parties and on all or part of the issues in an action for any of the following reasons: ...

(6) Insufficiency of the evidence to justify the verdict or other decision, or that it is against the law.

A trial judge may grant a new trial based on I.R.C.P. Rule 59(a)(6) where "after he has weighed all the evidence, including his own determination of the credibility of the witnesses, he concludes the verdict is not in accord with his assessment of the clear weight of the evidence." Quick v. Crane, 111 Idaho 759, 766, 727 P.2d 1187, 1194 (1986). The trial court is given broad discretion in this ruling. Id. The trial judge may set aside the verdict even though there is substantial evidence to support it. Id. (citation omitted). In addition, the trial judge is not required to view the evidence in a light most favorable to the verdict-winner. Id. Addressing the considerable discretion given to the trial court in deciding motions for new trials, this Court has said:

"[t]he trial court may grant a new trial when it is satisfied the verdict is not supported by, or is contrary to, the evidence, or is convinced the verdict is not in accord with the clear weight of the evidence and that the ends of justice would be subserved by vacating it, or when the verdict is not in accord with either law or justice."

Blaine v. Byers, 91 Idaho 665, 671, 429 P.2d 397, 403 (1967) (citing Tibbs v. City of Sandpoint, 100 Idaho 667, 669, 603 P.2d 1001, 1003 (1979)). Furthermore, "[i]f having given full respect to the jury's findings, the judge on the entire evidence is left with the definite and firm conviction that a mistake has been committed, it is to be expected that he will grant a new trial." Quick, 111 Idaho at 768, 727 P.2d at 1196. This Court has specifically outlined the standard of appellate review of a grant of a new trial under Rule 59(a)(6).

When considering an appeal from a district court's ruling on a motion for new trial, this Court applies the abuse of discretion standard. Bott v. Idaho State Building Authority, 122 Idaho 471, 835 P.2d 1282 (1992). This Court consistently has recognized the district court's wide discretion to grant or refuse to grant a new trial, and, on appeal, this Court will not disturb a district court ruling, absent a showing of manifest abuse of that discretion. First Realty & Investment Co. v. Rubert, 100 Idaho 493, 600 P.2d 1149 (1979). Although this Court necessarily must review the evidence, it primarily focuses on the process by which the district court reached its decision, not on the result of the district court's decision. Quick v. Crane, 111 Idaho 759, 727 P.2d 1187 (1986). Thus, the sequence of this Court's inquiry is:

(1) whether the district court correctly perceived the issue as one of discretion;

(2) whether the district court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether the district court reached its decision by an exercise of reason.

Hughes v. State of Id. Dept. of Law, 129 Idaho 558, 561, 929 P.2d 120, 123 (1996) (citing Sun Valley Shopping Center v. Idaho Power, 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991)). This Court's review of the evidence is not a weighing of the evidence.

The trial court is in a far better position to weigh the demeanor, credibility and testimony of witnesses, and the persuasiveness of all the evidence. Appellate review is necessarily more limited. While we must review the evidence, we are not in a position to "weigh" it as the trial court can.

Quick, 111 Idaho at 770, 727 P.2d at 1198 (citing Dinneen v. Finch, 100 Idaho 620, 626, 603 P.2d 575, 581 (1979)). The focus, instead, is on the process by which the court reached its result. Hughes, 129 Idaho at 561, 929 P.2d at 123.

III. DISCUSSION

A. Grant of new trial under I.R.C.P. Rule 59(a)(6).

As noted above, the review of a grant of a new trial under I.R.C.P. Rule 59(a)(6) is under an abuse of discretion standard, which invokes the three-part Sun Valley test. See Sun Valley Shopping Ctr. v. Idaho Power, 119 Idaho 87, 803 P.2d 993 (1991)

.

(1) The district judge properly perceived the grant of new trial as an issue of discretion.

The first inquiry under the Sun Valley test is whether the district judge correctly perceived the issue as one of discretion. 119 Idaho at 94, 803 P.2d at 1000. The district judge's Memorandum Decision demonstrates the judge properly perceived the Rule 59(a)(6) issue as one of discretion, stating that:

Under Rule 59(a)(6), I am to make my own findings of fact and conclusions of law, and measure my findings against that of the jury.... If I conclude, based upon my assessment of the evidence, that the jury result was wrong, I may intervene and grant a new trial .... I am directed to act with restraint. I am to respect the collective wisdom of the jury, and to intervene only if I am convinced that an injustice has been done and a mistake has been made.

(2) The district judge acted within the outer boundaries of his discretion and consistently with the legal standards applicable to the specific choices available to him.

The second inquiry under the Sun Valley test requires this Court to determine whether the district judge acted within the outer boundaries of his discretion and consistently with the legal standards applicable to the specific choices available to him. 119 Idaho at 94,803 P.2d at 1000. In reviewing a decision on a motion for new trial, this element is analyzed under a two-prong test. Burggraf v. Chaffin, 121 Idaho 171, 174, 823 P.2d 775, 778 (1991).

The first prong directs the trial judge to consider whether the verdict was against the weight of the evidence and if the ends of justice would be served by vacating the verdict. The second prong ... directs the trial court to consider whether a different result would follow in a retrial.

Id. (citing Robertson v. Richards, 115 Idaho 628, 769 P.2d 505 (1989); Blaine v. Byers, 91 Idaho 665, 429 P.2d 397 (1967)).

The first prong simply requires the district court to make an independent determination as to whether the evidence supports the verdict. Robertson, 115 Idaho at 631, 769 P.2d at 508. (citations omitted). The district judge understood and applied this standard, recognizing:

I am not obligated to construe the evidence in favor of one side or the other, but am directed to weigh all of the evidence in making my analysis. If I conclude, based upon my assessment of the evidence, that the jury result was wrong, I may intervene and grant a new trial.

The district judge clearly understood his role in weighing the evidence, however, Dr. Jambura argues the district judge exceeded the bounds of his discretion by discounting the expert testimony offered by the defendants. Specifically, Dr. Jambura argues the district judge abused his discretion by "refusing to weight" or "disregarding" the expert testimony of Drs. Latchaw, Vlcek, Glass and Molteni. This Court has long recognized that the trial judge, sitting at the heart of the trial process, is in a position that those on the appellate level cannot duplicate. Robertson, 115 Idaho at 631, 769 P.2d at 508. The "trial court is in a far better position to weigh the demeanor, credibility, and testimony of witnesses, and the persuasiveness of all the evidence." Burggraf, 121 Idaho at 173, 823 P.2d at 777 (citing Quick, 111 Idaho at 770, 727 P.2d at 1198). Because of the trial judge's unique position of having heard all of the testimony and examined all of the evidence, their weighing of the evidence in a motion for new trial is given considerable discretion. Quick, 111 Idaho at 767, 727 P.2d at 1198. See also, Robertson, 115 Idaho at 631,

769 P.2d at 508. The district judge's determination to discount the testimony of the defendant's expert witnesses; therefore, was a proper exercise of his discretion in weighing the demeanor, credibility and persuasiveness of the evidence.

Dr. Jambura further argues the district judge abused his discretion by considering matters outside the record. This argument is based on language in the Memorandum Decision criticizing the expert witnesses as "straining [their] opinion[s] to meet the requirements of advocacy" and "willing to bend their testimony." Again, the district judge's critical assessment of the experts in this case is a proper exercise of his discretion to independently weigh the demeanor, credibility and testimony of witnesses.

Finally, Dr. Jambura argues the clear weight of the evidence does not support the judge's conclusions that Cal's cerebral palsy was caused by kernicterus, or that Dr. Jambura breached the standard of care. These arguments misapply our standard of review. On review, this Court does not independently weigh the evidence, but simply reviews the evidence and scrutinizes the process by which the district judge's decision was made. Hughes, 129...