(DOWNLOAD) "State Minnesota v. Robert Michael Lindahl" by Supreme Court of Minnesota " eBook PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Robert Michael Lindahl
- Author : Supreme Court of Minnesota
- Release Date : January 28, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This case involves whether or not the district court erred in giving an aggravation of a pre-existing condition instruction based on CIVJIG 91.40 and, if so, whether a new trial is warranted. Appellants Dean E. Morlock and Judy A. Morlock brought suit against respondent St.áPaul Guardian Insurance Company after Dean Morlock was injured in an automobile accident, seeking to recover underinsured motorist benefits for Dean Morlocks injuries and for Judy Morlocks loss of consortium. At the end of trial, and over respondents objections, the district court instructed the jury on aggravation of a pre-existing condition based on CIVJIG 91.40. The jury returned a special verdict awarding $508,060.50 in damages to Dean Morlock and $125,000 for loss of consortium to Judy Morlock. Respondent moved for judgment notwithstanding the verdict, a new trial, or, in the alternative, remittitur of the damages award. This motion was denied and respondent appealed, arguing that the district court erred in giving a prejudicial jury instruction based on CIVJIG 91.40 and in declining to grant remittitur. The court of appeals reversed and remanded for a new trial. We reverse.
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