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STEWART v. RICE

No. 18346.

817 P.2d 170 (1991)

120 Idaho 504

Colleen STEWART, Plaintiff-Appellant, v. Jeff RICE, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, March 1991 Term.

August 21, 1991.

Attorney(s) appearing for the Case

Webb, Burton, Carlson, Pedersen & Webb, Twin Falls, for plaintiff-appellant. Lloyd J. Webb, argued.

Benoit, Alexander, Sinclair, Doerr, Harwood & High, Twin Falls, for defendant-respondent. John A. Doerr, argued.

JOHNSON, Justice.

This is a personal injury case. The predominant issue presented is whether the trial court adequately stated the grounds for the denial of a motion for new trial brought pursuant to I.R.C.P. 59(a)(5). We hold that in denying the motion for new trial the trial court did not adequately state the grounds for the denial of the motion because the trial court did not refer to I.R.C.P. 59(a)(5) or the standard applicable to the consideration of a motion...

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