Barrios v. Safeway Insurance Co.

|! LEDET, J.,

concurs in part and dissents in part with reasons.

I agree with the majority that the trial court did not err in allocating one hundred percent of the fault to the defendant, Darrell Cuti. However, I disagree with the majority’s finding that the trial court’s damage award “for the loss of the dog, Yellow, is supported by the record. The trial court awarded Ellen and Austin Barrios each $5,000 for the value of the lost pet and the mental anguish suffered” due to Mr. Cuti’s negligence. Despite the trial court’s wording of the damage award as a lump sum for both mental anguish…