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TUTTLE v. WAYMENT FARMS, INC.

No. 24076.

952 P.2d 1241 (1998)

131 Idaho 105

Daryl TUTTLE, Plaintiff-Appellant, v. WAYMENT FARMS, INC., an Idaho corporation, and Sudenga Industries, Inc., an Iowa corporation, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 1997 Term.

January 13, 1998.

Attorney(s) appearing for the Case

E. Lee Schlender Chtd., Hailey; Raymundo G. Pena, Rupert, for appellant. Raymundo G. Pena argued.

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for respondent Wayment Farms, Inc. Thomas B. High argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondent Sudenga Industries, Inc.

JOHNSON, Justice.

This is a personal injury case. We conclude that the trial court did not abuse its discretion in denying additur or a new trial and in allowing collection of costs from money deposited with the trial court. We conclude that the trial court incorrectly reduced the jury's damage award by the amount of a settlement made by a defendant before trial.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

On May 9, 1991, Daryl Tuttle (Tuttle...

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