Cole v. Esquibel, 145 Idaho 652

Summary

The Idaho Supreme Court reviewed the denial of a motion for a new trial or remittitur challenging a jury award of future medical expenses in an automobile-accident case. The court held that the evidence supported only $18,745.68 in total economic damages and that the district court abused its discretion by allowing a greater award based on speculation. It directed entry of an amended judgment reducing total damages to $143,745.68, awarded costs on appeal to the appellant, and denied attorney fees on appeal.

Holdings

1. An award of future medical expenses must be proven with reasonable certainty and may not rest on speculation or conjecture. The evidence supported economic damages of only $18,745.68, consisting of Cole's documented past medical expenses and the projected cost of additional x-rays and a CAT scan.
2. The district court abused its discretion by denying the motion for a new trial and/or remittitur because its decision was inconsistent with applicable legal standards and the evidence did not support economic damages exceeding $18,745.68.
3. Neither party was entitled to attorney fees on appeal under Idaho Code § 12-121 because Cole did not defend the appeal frivolously, unreasonably, or without foundation, and the Court declined to find the statutory standard satisfied.

Questions Presented

1. Whether the district court erred in denying Esquibel's motion for a new trial and/or remittitur because the evidence did not support the jury's award of future medical expenses.
2. Whether either party was entitled to attorney fees on appeal under Idaho Code § 12-121.

Disposition

remanded