City of Kemmerer v. Wagner

THOMAS, Justice.

The primary issue posed in this ease is whether the trial court correctly ordered a new trial on the issue of damages after ruling an exhibit incorporating information about damages was received into evidence improperly. Both parties argue a new trial on the issue of damages is not appropriate. The City of Kemmerer (Kemmerer) contends it was entitled to judgment on the question of liability as a matter of law because Thomas S. Wagner and Patricia M. Wagner (Wag-ners) did not file a correct claim since they were involved in a partnership, and the other partner did not execute…