[DOWNLOAD] "Leo Fignani and Neva Fignani v. City" by Supreme Court of Idaho No. 10661 " eBook PDF Kindle ePub Free
eBook details
- Title: Leo Fignani and Neva Fignani v. City
- Author : Supreme Court of Idaho No. 10661
- Release Date : January 07, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from an order granting a new trial to Leo Fignani and Neva Fignani, plaintiffs-respondents, in a negligence
action, after a jury trial at which the City of Lewiston and Richard W. Thomas, defendants-appellants, were found negligent
and liable for damages in the amount of $2,000. The trial Judge, upon timely motion by the Fignanis for a new trial, granted
the motion unless the appellants consented to an additur of $3,000, on the grounds that the jury failed to allow adequate
damages. Appellants refused to consent to the additur, and a new trial was ordered. Though the facts of the case were disputed, with appellants denying negligence, there is no appeal on the substantive issue
of negligence. It appears that on the morning of January 16, 1968, Mrs. Fignani was driving along Main Street in Lewiston,
had come to a stop upon the street while signaling a left turn, and was run into from the rear by appellant Thomas, an employee
of the City of Lewiston. The streets were icy. Judgment was entered October 31, 1969, the day after the verdict. November
4, 1969, respondents filed a motion for a new trial. The motion for a new trial submitted by the respondents stated in relevant
part: