Oksman v. City of Idaho Falls

Summary

The Idaho Supreme Court vacated the judgment for the City and remanded for a new trial because the district court improperly excluded Oksman's testimony identifying the City's manager as the person who said that people frequently fell in the area. The court held that Oksman's testimony supplied sufficient personal-knowledge foundation, and that excluding it improperly removed a credibility issue from the jury and prejudiced her case. The court also provided guidance that the deposition-impeachment ruling and ruling on leading questions were within the district court's discretion, but that an economic-damages instruction for lost household services should be given on retrial if supported by the evidence.