SMALLWOOD v. DICK

No. 17023.

761 P.2d 1212 (1988)

114 Idaho 860

James V. SMALLWOOD and Lillian Smallwood, husband and wife, Plaintiffs-Respondents, v. Carole N. DICK, M.D., Defendant-Appellant.

Supreme Court of Idaho.

September 7, 1988.


Attorney(s) appearing for the Case

Quane, Smith, Howard & Hull, Boise, for defendant-appellant. Jeremiah A. Quane argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for plaintiffs-respondents. W. Marcus W. Nye argued.


JOHNSON, Justice.

This is a medical malpractice case. The primary issue presented is whether the trial court abused its discretion in granting a new trial on the issue of damages only if an additur were rejected. We hold that the trial court erroneously determined it did not have the authority to consider granting a new trial on the issue of liability pursuant to I.R.C.P. 59(d). We reverse and remand for reconsideration...

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