Cruz v. Montoya

HOWE, Justice:

This review combines two separate appeals from the same judgment. In case No. 17670 one of the defendants, Val Montoya (Val), seeks a new trial on the ground that excessive damages were awarded against him, that the trial court failed to give certain jury instructions, and that his trial attorney inadequately represented him. In case No. 17646 the plaintiff, Santos Cruz (Santos), seeks a reversal of the trial court’s directed verdict in favor of another defendant, Mike Montoya (Mike), and a remand for a new trial.

These cases arise from an incident in a Salt Lake City cafe where…