Gunderson v. Olson

OPINION

HUSPENI, Judge.

Appellant, Diane Gunderson, brought suit against respondents, Andrew and Stacey Olson, for injuries she sustained in an automobile accident. The jury found that appellant was 20% negligent and respondents were 80% negligent and that appellant’s damages totaled $24,500. Appellant’s motion for a new trial was denied. On appeal she argues that a new trial was warranted based on the admission of surprise evidence obtained through the ex parte use of a subpoena and because of the improper use of a hypothetical question. Appellant also claims that the trial court erred when it…