DAVIDSON V. PRINCE
813 P.2d 1225 (1991)
NATURE OF THE CASE: Davidson (P) challenged a denial of his motion for a new trial after
a jury found P percent contributorily negligent in his personal injury action against Prince
(D).
FACTS: Prince (D) was driving a truck containing animals. He negligently overturned the
truck, releasing the animals into the surrounding area. Davidson (P) was attacked and
injured by a steer which had escaped from the truck. At trial, the testimony conflicted as
to how close the steer was to P before it charged: D claimed it was ten feet, and offered in
evidence a letter written to D wherein P estimated that the distance was ten feet. On the
basis of this evidence, D argued, and the jury found that P had cornered the steer and was
partly responsible for his own injuries. P moved for a new trial, claiming among other
things that the trial court erred in admitting a settlement letter. The trial court
concluded that, if there was error, it was harmless, and denied the motion. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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