[Download] "David G. Sheets and Carolyn Sheets v." by Court of Appeals of Idaho No. 14382 # eBook PDF Kindle ePub Free
eBook details
- Title: David G. Sheets and Carolyn Sheets v.
- Author : Court of Appeals of Idaho No. 14382
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Defendants Agro-West, Inc. and its employee Layton Noe (hereinafter Agro-West) appeal from an order granting a new trial to plaintiffs David and Carolyn Sheets (hereinafter Sheets) to redetermine the comparative negligence of the parties and the amount of damages for personal injury. Agro-West argues that we should alter the standard of review for new trial motions; that the broad trial court's discretion to order a new trial -- subject only to review for manifest abuse of discretion -- violates the right to jury trial guaranteed by our state and federal constitutions; and that, in any event, the trial court abused its discretion in granting a new trial. We reject these arguments and affirm the order of the trial court granting a new trial. Agro-West is a commercial distributor of farm chemicals. On June 22, 1978, a chemical spill occurred at Agro-West's facility near Wilder, Idaho. The chemical spilled was Terr-o-cide 30-D. In response to a request from Layton Noe, manager of Agro-West, Idaho Concrete and Pipe Company dispatched its employee, David Sheets, to deliver a load of road mix -- a mixture of sand, gravel and dirt -- to be spread on the spill. While spreading the mix, Sheets drove his truck through the spill and immediately began experiencing physical reactions from exposure to the fumes of the chemical. His eyes watered, he began coughing and had difficulty breathing. He was able to stop his truck and escape the fumes before passing out. Since that time, he has complained of, and has been treated for, a number of physical ailments and discomforts allegedly caused by the incident.
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