LEAVITT v. SWAIN

No. 25233.

991 P.2d 349 (1999)

133 Idaho 624

Allen LEAVITT, Plaintiff-Appellant, v. Mary E. SWAIN, Defendant-Respondent.

Supreme Court of Idaho, Boise, September 1999 Term.

December 6, 1999.


Attorney(s) appearing for the Case

Hepworth, Lezamiz & Hohnhorst, Boise, for appellant. John J. Janis argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Mark S. Prusynski argued.


KIDWELL, Justice.

This is a review of a decision from the Court of Appeals involving an automobile accident. The plaintiff was injured when his vehicle collided with the defendant's vehicle. Following trial, the jury found the plaintiff to be 25% negligent and the defendant to be 75% negligent. The plaintiff filed various post-trial motions, all of which were denied. The plaintiff appealed, and the Court of Appeals held that there was no basis for the jury's finding...

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