[DOWNLOAD] "Richard C. Viehweg and Vicki Viehweg v." by Court of Appeals of Idaho No. 13329 * Book PDF Kindle ePub Free
eBook details
- Title: Richard C. Viehweg and Vicki Viehweg v.
- Author : Court of Appeals of Idaho No. 13329
- Release Date : January 08, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
It was a clear spring day. A two-lane highway ran straight and narrow, crossing a bridge and skirting a farm field. A truck turned left toward the field, crossing the center line of the highway. A car approached from the rear, entering the left lane as it began to pass the truck. The ensuing collision gave birth to this case. The car driver, Viehweg, joined by his wife, sought damages from the collision. After a bench trial, their claim was allowed in part; and the truck driver, Thompson, appealed. Not satisfied with what the court had adJudged, the Viehwegs cross-appealed. Thompson's appeal poses the following questions: (1) Is a tort counterclaim, arising from the same incident as the initial complaint, subject to the statute of limitation that would apply if the counterclaim had been filed as an initial pleading? (2) May a trial court, having set a matter for bench trial, deny a subsequent motion for trial by jury? (3) Did the district court err in ruling upon objections to (a) allegedly leading questions, (b) certain testimony by an accident investigator, and (c) testimony by a witness tardily disclosed during pretrial discovery? (4) Were the district court's findings on (a) comparative negligence, and (b) the award of damages, supported by the evidence? The Viehwegs' cross-appeal also attacks, from the opposite direction, the court's finding on comparative negligence, and the sufficiency of damages awarded. The cross-appeal raises one additional issue: (5) Did the district court err by declining to award attorney fees at trial? We affirm the judgment of the district court on all points.