LaRue v. McGuire

OPINION BY

FORD ELLIOTT, J.:

¶ 1 In this case of first impression, we are asked to decide the interplay between two Rules of Civil Procedure: Rule 238, relating to damages for delay; and Rule 1311.1, allowing parties to stipulate to a limit of $15,000 in damages. We vacate the judgment and remand for computation of delay damages.1

¶2 The facts of this case are not in dispute in this appeal. Appellant (“lessee”) claimed that on March 4, 2000, he tripped over a loose piece of carpet and fell while carrying his computer during the process of moving out of his apartment. As a result, lessee filed an…