427 P.3d 508
Utah Ct. App.2018Background
- Pilot sued Hill after a rear-end collision and expressly pleaded the case as Tier 2 (damages $50,000 to less than $300,000).
- Pilot’s economist estimated nearly $1,000,000 in economic damages and about $634,000 in future wage loss before trial.
- The parties completed discovery under Tier 2 limits and proceeded to trial without amending the pleadings.
- At pretrial, the court and counsel discussed that any jury award above $300,000 would be addressed after trial; Pilot’s counsel indicated they would “deal with that after trial.”
- The jury returned a $640,989 verdict for Pilot. Pilot then moved under Utah R. Civ. P. 15(b) to amend the pleading post-trial to treat Tier 3 damages as tried by implied consent. The trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 15(b) allows amending a pleaded tier designation after trial when evidence on higher damages was presented without objection | Pilot: Rule 15(b) permits amendment because the issue of damages above the tier was tried by implied consent | Hill: Tier designation was pleaded; Rule 15(b) only applies to issues not raised in the pleadings, so no implied-consent amendment | Court: Tier designation is a pleaded issue; Rule 15(b) inapplicable; denial of amendment affirmed |
Key Cases Cited
- Keller v. Southwood N. Med. Pavilion, Inc., 959 P.2d 102 (Utah 1998) (standard of review and deference on implied-consent fact findings)
- Hill v. Estate of Allred, 216 P.3d 929 (Utah 2009) (interpretation of Rule 15(b) and implied consent analysis)
- Arbogast Family Trust v. River Crossings, LLC, 238 P.3d 1035 (Utah 2010) (procedural-rule interpretation follows statutory-construction principles)