Barta v. Hinds

MARING, Justice.

[¶ 1] Richard Barta appeals from the order denying his motion for a new trial after a jury awarded him $5,604.70 in damages for pain and suffering for injuries sustained in a collision between Barta’s motor home and a grain truck driven by Ricky Hinds. The jury, however, awarded Barta nothing for medical expenses or permanent disability. We conclude the special jury verdict is inconsistent and contrary to the evidence, and the trial court abused its discretion in denying the new trial motion. We reverse and remand for a new trial on all issues.

I

[¶ 2] On September 24, 1993,…