Legal Opinion

Smith v. Praegitzer

Idaho Court of Appeals

Decided January 28, 1988No. 16420PublishedCited by 10 opinions

1Opinion of the Court

SUBSTITUTE OPINION

The Court’s prior opinion, dated July 31, 1987, is hereby withdrawn.

2Per curiam

While jogging through an intersection, Richard Smith was struck and seriously injured by an automobile. Smith brought this action against the driver, Joyce Praegitzer, claiming that his injuries resulted from her negligence. The jury returned a special verdict finding each party to be fifty percent at fault. Smith then moved for judgment notwithstanding the verdict under I.R.C.P. 50(b) or, in the alternative, for a new trial under I.R.C.P. 59(a). By memorandum opinion and order the trial judge granted the…

3Cases cited9 opinions

  1. Quick v. CraneIdaho Supreme Court · 1986
  2. Mann v. Safeway Stores, Inc.Idaho Supreme Court · 1974
  3. Sheets v. Agro-West, Inc.Idaho Court of Appeals · 1983
  4. Owen v. BurchamIdaho Supreme Court · 1979
  5. Challis Irrigation Co. v. StateIdaho Court of Appeals · 1984

4 more not listed; retrieve them via the Exa API.

4Cited by10 opinions

  1. Hudson v. CobbsIdaho Supreme Court · 1990
  2. In Interest of SWIdaho Court of Appeals · 1995
  3. Wood v. State, Department of Health & WelfareIdaho Court of Appeals · 1995
  4. Haag v. PollackIdaho Court of Appeals · 1992
  5. Young v. State Farm Mutual Automobile InsuranceIdaho Court of Appeals · 1994

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API