DINNEEN v. FINCH

No. 12462.

603 P.2d 575 (1979)

100 Idaho 620

Michael D. DINNEEN, Plaintiff-Appellant, v. James C. FINCH, and City of Wardner, a Municipal Corporation, Defendants-Respondents.

Supreme Court of Idaho.

November 28, 1979.


Attorney(s) appearing for the Case

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.


BISTLINE, Justice.

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...

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