It is well settled that the "district court has broad discretion in deciding whether to grant a motion for a new trial." Patty Precision Prods. The BCCC defendants did not file a memorandum or brief in support of their motion. In the alternative, the BCCC defendants move for remittitur. The BCCC defendants raise the following issues: (1) the verdict is contrary to the evidence (2) the amount of damages awarded is so excessive as to appear to have been based on passion and prejudice (3) the court improperly allowed the jury to consider testimony regarding Johnson's lack of liability insurance coverage and evidence regarding the proof of insurance that must be provided by a student who is operating his own automobile in connection with a school function (4) the court improperly refused to submit to the jury the questions of whether Johnson was the employee of BCCC and whether Johnson was operating within the scope of his employment at the time of the accident (5) the court improperly refused to submit the issue of plaintiff Foster's comparative negligence to the jury (6) the court improperly refused to allow testimony concerning plaintiff Clark's opinion that he considered the intersection where the accident occurred to be a dangerous one. 158) out of time but with leave of court. Defendant Pringle filed a memorandum in support of his motion (Doc. The court shall therefore address the issues raised by the defendants as they apply to plaintiff Clark.ĭefendant Pringle raises the following issues in his motion for new trial: (1) the verdict is contrary to the evidence (2) the amount of damages awarded is so excessive as to appear to have been based on passion and prejudice (3) the evidence is insufficient to sustain the verdict and (4) the court improperly allowed the jury to consider testimony regarding Johnson's lack of liability insurance. The defendants have not settled with plaintiff Clark. The court thereafter declined to exercise ancillary jurisdiction over an attorney fee dispute among various attorneys claiming a share of fees from the Foster settlement. Since the filing of the motions for new trial, plaintiff Foster has settled with the defendants. After reducing the judgment by Clark's 10% fault, the court entered judgment in the amount of $2,031,300 in favor of Foster and $271,800 in favor of Clark. Damages in the amount of $2,257,000 were awarded to plaintiff Foster and in the amount of $302,000 to plaintiff Clark. On Februthe jury returned a verdict finding plaintiff Clark 10% at fault and defendants 90% at fault. Additional facts will be discussed where necessary.Īt the close of the evidence, the court directed a verdict in favor of the plaintiffs on the issue of respondeat superior, ruling that Johnson was the servant or employee of the BCCC defendants and was acting within the scope of his authority at the time of the accident. Johnson was en route to El Dorado when the collision occurred. Smithson told Johnson to bring Foster to El Dorado. Johnson telephoned Smithson from Hutchinson just prior *1125 to the collision. Contrary to the instructions given by Smithson, Johnson took Foster to Hutchinson to watch the game. Smithson had previously taken several other recruits to Hutchinson for the National Junior College Basketball Tournament. Johnson picked Foster up at the Wichita airport at Smithson's request. He was visiting Kansas on a recruiting visit at the request of defendant Randy Smithson, the head coach of the BCCC basketball team. Foster and Clark were injured.įoster, a native of Ohio, was a high school senior at the time of the accident. Johnson died as a result of the injuries he received in the accident. Johnson failed to stop at the stop sign on Airport Road and collided with the tractor-trailer rig driven by plaintiff Clark. Plaintiff Gregory Clark was travelling east on Highway 50. Johnson was travelling south on Airport Road. Plaintiff Christopher Foster was a passenger in a car driven by George Johnson. Highway 50 in Reno County, Kansas on March 22, 1987. This case arose out of a motor vehicle collision occurring at the intersection of Airport/Yoder Road and U.S. These consolidated personal injury actions were tried commencing February 4, 1991. 152) and defendants Board of Trustees of Butler County Community College, Butler County Community College, and Randy Smithson (collectively, "the BCCC defendants") (Doc. Pringle, Special Administrator for the Estate of George D. This matter is before the court on the motions for new trial filed by defendant Douglas S. BOARD OF TRUSTEES OF BUTLER COUNTY COMMUNITY COLLEGE, et al., Defendants.
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