Idaho State Statutes - Idaho Attorney Directory

LIMITATION ON THE RECOVERY OF DAMAGES -- REDUCING OR INCREASING AN
AWARD. (1) In all civil actions in which there has been an award of damages as
herein defined, the trial judge may, in his discretion, and after considering
all of the evidence, alter such portion of the award representing damages if
the amount awarded; (a) is unsupported or unjustified by the clear weight of
the evidence; or (b) is so unreasonably disproportionate to the loss or
damage suffered or to be suffered as to be unconscionable or so as to shock
the conscience of the court; or (c) is the product of a legal error or mistake
during the presentation of the evidence or submission of the case to the trier
of fact; or (d) is demonstrated to be more likely than not the product of
passion or prejudice on the part of the trier of fact.
(2) If the court finds that the award of damages is unreasonably great or
small by reason of any one or more of the factors set forth above, then the
district court may exercise its discretion to reduce or increase such award in
order to make the same consistent with the losses as shown by the evidence. In
the event that the court shall enter any such order, it shall make detailed
findings of fact and conclusions of law explaining the reason for its action,
the amount of any increase or reduction, and the basis therefore.

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