Hill v J.B. Transport, Inc.

Hunt appealed the denial of its motion compel the attendance of a witness or admit deposition testimony and the verdict in favor of Hill. The panel affirmed. It held there was no abuse of discretion In denying the motion to compel attendance as Hunt raised the issue at the first day of trial, took three days to articulate its theory why the witness would be home instead of driving his truck, the district court tried to reach the witness and the witness lived 120 or so miles from the courthouse and issuing a warrant would have interrupted the trial. It held there was no prejudice for not admitting the deposition testimony because the testimony was cumulative to that of the two eyewitnesses who did testify. It finally upheld the verdict against excessiveness challenge holding the evidence Hill’s father needed two surgeries, had bone and fungal infections, spent the last weeks of his life in intensive care as well as testimony of eth effects of the events on Hill supported the amount awarded.