Erin Long, Appellant v. Robert Arnold, Appellee

Summary

The court affirmed the negligence verdict for Arnold, holding that the superior court properly admitted Arnold’s medical expert testimony and correctly instructed the jury on substantial-factor causation and multiple causes. It held that Long’s damages-instruction challenges were moot because the jury found no causation, and that fees and costs did not need to be apportioned with her insurer. The court reversed and remanded only the attorney’s-fee award because the governing rule did not authorize including sales tax on attorney services. Justice Maassen, joined by Chief Justice Stowers, dissented in part and would have upheld including the sales tax in the fee award.