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RYALS v. BROADBENT DEVELOPMENT CO.

No. 12051.

565 P.2d 982 (1977)

98 Idaho 392

Walter B. RYALS, Plaintiff-Appellant, Cross-Respondent, v. BROADBENT DEVELOPMENT COMPANY, A Delaware Corporation authorized to do business in the State of Idaho, Defendant-Respondent, Cross-Appellant.

Supreme Court of Idaho.

Rehearing Denied July 1, 1977.

Attorney(s) appearing for the Case

Karl Jeppesen of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for appellant.

Paul J. Papak of Moffatt, Thomas, Barrett & Blanton, Boise, for appellee.

SHEPARD, Justice.

This is an appeal from an order granting a new trial. Following trial, the jury returned special verdict forms relating to negligence and proximate cause which favored the plaintiff. Thereafter the trial judge concluded that the special verdict of the jury relating to proximate cause was erroneous and he made a different finding relating to proximate causation and ordered a new trial in the absence of the plaintiff accepting a remittitur lowering...

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