(DOWNLOAD) "Charles Harmston and Kay Harmston V." by Court of Appeals of Idaho No. 15673 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Charles Harmston and Kay Harmston V.
- Author : Court of Appeals of Idaho No. 15673
- Release Date : January 14, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In this personal injury case, the plaintiffs Charles and Kay Harmston appeal pro se from a judgment for defendant Agro-West, Inc. The Harmstons' opening brief raises two general issues: they assert they were denied a fair trial and they question the consideration of evidence by the jury. Their reply brief lists forty-eight issues or inquiries. Ordinarily, issues raised only in a reply brief will not be addressed on appeal. Owen v. Boydstun, 102 Idaho 31, 624 P.2d 413 (1981). Nevertheless, nearly all of the issues stated in the Harmstons' reply brief are elaborations of arguments contained in their opening brief. The issues may be restated as: (1) whether there was misconduct by the jury; (2) whether there was error in the admission or exclusion of evidence; (3) whether expert testimony was accorded proper weight by the jury; (4) whether statements by the court or defense counsel constituted reversible error; (5) whether substantial and competent evidence supports the verdict; and (6) whether the trial court erred in denying the Harmstons' motion to strike certain jury instructions requested by the defense relating to contributory negligence. The Harmstons also express general dissatisfaction with the performance of their trial counsel. We hold that no reversible error occurred and we affirm. Agro-West is a distributor of farm chemicals. In June of 1978 approximately 500 gallons of Terr-o-cide 30D, a pesticide, was spilled at Agro-West's outlet in Wilder, Idaho. Shortly after the spill, and while the chemical was being cleaned up, Kay Harmston arrived at a nearby school to interview for a job. The school building had been evacuated prior to her arrival. While exploring the school grounds, Mrs. Harmston learned of the chemical spill and immediately left the area. Soon after, and over the next six years, she suffered from numerous ailments and symptoms. According to evidence submitted at trial, her disorders included: nervousness, dizziness, headaches, depression, personality changes, insomnia, irritability, chest pain, respiratory distress, sore throat, cough, pneumonia, cancer of the colon, increased blood triglycerides, abdominal pain, damaged and enlarged liver, an ectopic pregnancy, altered libido, sloughing of bowel and bladder tissue, sore joints, and general environment sensitivity. Numerous physicians were contacted in an attempt to obtain relief.