Stewart v. Rice

JOHNSON, Justice.

This is a personal injury case. The predominant issue presented is whether the trial court adequately stated the grounds for the denial of a motion for new trial brought pursuant to I.R.C.P. 59(a)(5). We hold that in denying the motion for new trial the trial court did not adequately state the grounds for the denial of the motion because the trial court did not refer to I.R.C.P. 59(a)(5) or the standard applicable to the consideration of a motion under this rule and did not weigh the evidence to determine what amount the trial court would have awarded the injured party and…