Smallwood v. Dick

JOHNSON, Justice.

This is a medical malpractice case. The primary issue presented is whether the trial court abused its discretion in granting a new trial on the issue of damages only if an additur were rejected. We hold that the trial court erroneously determined it did not have the authority to consider granting a new trial on the issue of liability pursuant to I.R.C.P. 59(d). We reverse and remand for reconsideration by the trial court. We also hold that the appeal was properly filed, that the standards for granting new trials do not violate the Idaho Constitution, that the trial court did…