Davidson v. Prince

813 P.2d 1225 (1991)

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Nature of the Case

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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.