Schneider v. Farmers Merchant, Inc. , 106 Idaho 241 ( 1983 )

SHEPARD, Justice,

concurring in part and dissenting in part.

While I concur in much of the majority opinion, I must dissent from the result achieved in affirming the final judgment of the trial court. Schneider contends that the damages awarded were grossly inadequate and hence the trial court erred in denying his motion for a new trial or a judgment n.o.v.. I agree. In my view, the ultimate award of $6,361.48 for the loss of a thumb is grossly inadequate as a matter of law, notwithstanding Schneider was determined to be 40% negligent and workmen’s compensation benefits had been paid on behalf of Schneider. I agree that, as stated by the majority, the trial court possesses discretion in the granting or refusing a new trial. However, in my opinion, such discretion was exercised unwisely and abused in the instant case.