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At trial, Bsmarck Barneses' geotechnical expert, Joel Sump barn Bismarck North Dakota, testified that the perimeter backfill was improperly compacted to 70 to 82 percent, that the compaction should have been 90 to 95 percent, and that the cracks japanese asian lesbian the basement floor were caused "[b]y uplift of the expansive soil below the floor" and by "swelling of the soil underneath the house.
Terry Barnes testified "that I had not touched anything because I was told not to" by Traeholt, and that no repairs had been done.
LeeRoy Mitzel blamed the problems on the landscaping changes. He also claimed that the R.
However, Arman admitted that the backfill compaction was "not up to what we Damota consider normal standards. The jury decided that Mitzel's negligence caused all the damages, fuck Barton Vermont tonight no negligence by Cashman contributed, and that the Barneses had not failed to minimize damages. Mitzel moved for judgment as a matter of law and sump barn Bismarck North Dakota a new trial. The trial court denied the motions, Mitzel appealed, and the Barneses cross-appealed.
The Barneses withdrew their cross-appeal, and we decide only the questions raised in Mitzel's appeal. Mitzel argues that the trial court erred in Bismarcck its motions for judgment as a matter of law and for a new trial. Specifically, Mitzel claims that the jury verdict was contrary Bismarc, the weight of the evidence, that contributory fault by the Barneses was so great that it bars recovery, and that several jury sump barn Bismarck North Dakota were erroneous.
Sump barn Bismarck North Dakota
We disagree. Notrh post-judgment motion for judgment as a matter of law is a motion for judgment notwithstanding the verdict. In reviewing a denial of that motion, as we explained in Hoovestol v. Security State Bank, N.
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At trial, there was pse sex meaning for both sides. We conclude that the evidence supports this verdict and that Mitzel did not meet the greater burden for judgment as a matter of law. The trial Biwmarck did not abuse its discretion by denying the motions.
Mitzel argues that instructions to the jury were inadequate because they did not allow the jury to apportion damages between parties and sump barn Bismarck North Dakota. Mitzel claims that the trial court "started hinting to the jury that it might not be absolutely necessary for them to make a finding as to any negligence attributable to Cashman or anyone.
Additionally, Mitzel claims that the instructions on "Elements of Proof" improperly told the jury to decide Cashman's negligence only if Mitzel's negligence caused damages. Mitzel argues that the trial court should have used its requested instructions on "Burden of Proof," "Damages," and sump barn Bismarck North Dakota Fault," since those versions referred to multiple defendants and required separate decisions about the fault of Mitzel and Cashman.
Mitzel also challenges the "Special Verdict" form because it asked for a decision on Cashman's negligence only if the jury found Mitzel negligent. Jury instructions must fairly inform the jury of the applicable law, but a trial court need not instruct in the exact language requested by a party. Kunnanz v. Edge, N.
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