Hutchins v. Schwartz

724 P.2d 1194 (1986)

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Nature of the Case

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Facts

P testified he was driving at approximately 50 mph and slowed to 40-45 as he approached an intersection. D and Patrick Michels, his passenger, testified that D stopped at the intersection and waited for oncoming traffic to pass. When it appeared clear to turn, D began a left-hand turn. P and Robin Leonard, a witness, testified that D never stopped before making the turn. As D made the left-hand turn, P's car collided with the passenger side of D's car. Neither D nor Michels saw Hutchins' headlights before making the left turn. P was not wearing a seatbelt. P sustained cuts on his head, bruises on his chest, knee and wrist, and a broken big toe. The parties were taken to the emergency room at Providence Hospital. P sued for $275,000 compensatory damages. The judge allowed the evidence that P was not wearing a seatbelt. The jury was later instructed to disregard all evidence relating to P's non-use of a seat belt. D was found to be 60% negligent and P 40% comparatively negligent. The jury awarded $1,937.09 in damages. P moved for JNOV and/or a new trial. The motion was denied. The court found that D was the prevailing party and awarded him attorney's fees of $17,000. P appealed.