HOWES v. FULTZ

No. 17273.

769 P.2d 558 (1989)

115 Idaho 681

Anne T. HOWES, Plaintiff-respondent, v. Dennis Lee FULTZ and Jack Johnson, Defendants-Appellants, and Wilma Goldie Hulit, Defendant.

Supreme Court of Idaho.

February 10, 1989.


Attorney(s) appearing for the Case

Benoit, Alexander, Sinclair, Harwood & High, Ketchum, for appellants. Robert M. Harwood argued.

Smith, Beeks & Goss, Twin Falls, for respondent. Paul M. Beeks argued.


BAKES, Justice.

Plaintiff Howes sued defendants Fultz, Johnson and Hulit for damages arising from a broken hip suffered in an automobile accident. On the court's special verdict form the jury apportioned 75% of the negligence to Hulit, 20% to Fultz and Johnson, and 5% to plaintiff Howes. The jury determined plaintiff's damages to be $118,000. In response to various post trial motions, the trial court granted a j.n.o.v. removing the 5% negligence allocated by the jury...

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