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A14-2027 Shegrud v. Eeg (Roseau County)

Negligence – Damages


This negligence action arose from a multicar collision that resulted from brushfire smoke that obscured roadway visibility. Appellant, a passenger in one of the cars, sustained injuries and sued various drivers and the farmers who lit the fire. A jury found the farmers 10% responsible for the collision and awarded appellant damages for past medical expenses and past pain but not for past wage-loss or any future losses. Appellant argued that the jury erred in failing to award her any damages for past wage-loss, future medical expenses, and future pain, maintaining that the jury was influenced by improper remarks by the farmers’ attorney. The Court of Appeals concluded that the verdict necessarily indicated that the jury found that appellant was entitled to lost wages while she recovered from her surgeries, and thus reversed in part and remanded for the District Court to award damages for lost wages that the jury’s special verdict failed to include. But it otherwise affirmed because the record lacked evidence from which the jury could reasonably determine the cost of any future surgery and because remarks by defense counsel did not prejudice the jury. Affirmed in part and reversed in part.

A14-2027 Shegrud v. Eeg (Roseau County)

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