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NELSON v. TRUJILLO

No. 17677.

657 P.2d 730 (1982)

Scott D. NELSON, Plaintiff, Respondent and Cross-Appellant, v. Charles TRUJILLO, Defendant, Appellant and Cross-Respondent.

Supreme Court of Utah.

November 19, 1982.

Attorney(s) appearing for the Case

Allen L. Larson, Craig S. Cook, Salt Lake City, for defendant, appellant and cross-respondent.

Bruce R. Baird, Robert A. Echard, Ogden, for plaintiff, respondent and cross-appellant.

OAKS, Justice:

This negligence action arising out of an automobile collision has been tried twice. The first jury found $12,000 damages, but apportioned fault equally between the parties. The court granted plaintiff's motion for a new trial. A second jury found defendant solely negligent, fixing damages at $151,029.63. The court denied defendant's motion for a new trial on condition that plaintiff accept a remittitur in the amount of $15,000, which he did.

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