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COLE v. ESQUIBEL

No. 33502.

182 P.3d 709 (2008)

Kenneth COLE, Plaintiff-Respondent, v. Gladys ESQUIBEL, Defendant-Appellant, and Does I-V, Defendants.

Supreme Court of Idaho, Boise, February 2008 Term.

Rehearing Denied May 7, 2008.

Attorney(s) appearing for the Case

Saetrum Law Offices, Boise, for appellant. Jeffrey Harr argued.

Johnson & Lundgreen, PC, Boise, for respondent. Scott L. Lundgreen argued.

SUBSTITUTE OPINION.

THE COURT'S PRIOR OPINION DATED MARCH 27, 2008 IS HEREBY WITHDRAWN.

EISMANN, Chief Justice.

This is an appeal from the district court's denial of a motion for a new trial and/or a remittitur on the ground that the evidence did not support the jury's award of future medical expenses. We modify the judgment to the amount of future medical expenses supported by the evidence.

I. FACTS AND PROCEDURAL HISTORY

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