(DOWNLOAD) "Willard Hibbler and Darlene Hibbler V." by Court of Appeals of Idaho No. 15591 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Willard Hibbler and Darlene Hibbler V.
- Author : Court of Appeals of Idaho No. 15591
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Plaintiffs, Willard and Darlene Hibbler, appeal from an amended judgment which was entered against them after the trial court set aside an earlier judgment entered in their favor. This suit arose after the Hibblers had purchased a trailer park from John and Audree Fisher and subsequently had encountered problems with the water system in the new section of the park. The Hibblers sued the Fishers alleging misrepresentation, breach of implied warranty, and negligence in the installation of the water system. A jury verdict favoring the Hibblers was nullified when the district Judge granted the Fishers' motion under I.R.C.P. 50(b) for a judgment n.o.v. The Hibblers present six issues on appeal, revolving around whether the district court erred by viewing only the evidence presented by the Hibblers when granting the judgment n.o.v. We conclude that the restrictive view taken by the district Judge was error, nevertheless, we affirm the judgment n.o.v. We first address the question of the evidence to be considered by the district Judge when ruling on a motion for judgment n.o.v. In their case-in-chief the Hibblers presented evidence of specific malfunctions of the water system, and evidence tending to show that the entire system had been improperly installed. They also presented a rough estimate from a licensed plumber that it would cost $128,500 to replace the water system in the new part of the park. At the close of the Hibblers' evidence, the Fishers moved for a directed verdict, which was granted on the misrepresentation count and denied on the other two counts. The Fishers then presented their defense. This included expert testimony that if the water system needed to be replaced it would cost $12,000 to $15,000. After the Fishers put on their evidence and when both parties had rested the Fishers renewed their motion for a directed verdict. The motion was denied and the case was submitted to six jurors who returned a verdict of $15,000 in favor of the Hibblers. The Fishers moved for a judgment n.o.v. which was granted on the ground that the Hibblers had failed to prove their damages.
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