87 Idaho 98 - Hackworth v. Davis

How this case has been cited

Cited by 17 later decisions — most recently May 1994

2 federal appellate · 1 district · 13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON DENIAL OF PETITION FOR REHEARING

McFADDEN, Justice.

¶2Respondent’s petition for rehearing challenges the Court’s determination that appellant’s theory of the case was not fully presented to the jury. Appellant did submit to the court requested instructions dealing with the theory of concurrent acts of negligence, and respondent contends that these instructions, which were given by the court, fully covered appellant’s theory of the case. With this contention we do not agree. In addition to the theory of concurrent acts of negligence, appellant by one of his requested instructions also sought to have the trial court instruct the jury on the theory of a single indivisible injury caused by two distinct blows. This theory of the case was not presented to the jury.

¶3The petition for rehearing is denied.

KNUDSON, C. J., and McQUADE, TAYLOR and SMITH, JJ., concur.