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Hamrick seeks new trial in IID suit over injuries

February 15, 2002|By RUDY YNIGUEZ, Staff Writer

The Imperial Irrigation District could end up defending itself in court again if the woman who tripped and fell on district property is granted a motion for retrial.

El Centro resident Carmen Hamrick last week filed a notice of intention to move for a new trial.

A jury voted unanimously against Hamrick's contention that she tripped due to a dangerous condition at the IID's El Centro auditorium Oct. 16, 1996.

The motion, filed by Hamrick attorney Lowell Sutherland of El Centro, states the retrial is being sought on the following grounds:

· irregularity in the proceedings of the court

· irregularity in the proceedings of the jury

· irregularity in the proceedings of the adverse party

· improper orders of the court

· accident or surprise or other acts that ordinary prudence could not have guarded against

· newly discovered evidence, material to the moving party that could not have been discovered with reasonable diligence and produced at trial


· insufficiency of the evidence to justify the verdict

· the verdict is against law

· error in law occurring at trial and excepted to by the moving party.

Sutherland and Hamrick were apparently taken by surprise by a surveillance video of Hamrick doing things with her left arm that she said under oath she could not do.

The motion for retrial comes on the heels of papers filed by IID attorney Frank Oswalt for $15,727.46 in attorneys' fees.

Sutherland did not return a call seeking comment and Oswalt declined to comment.

The motion for retrial will go before Imperial County Superior Court Judge Joseph Zimmerman, who presided over the two-week trial.

>> Staff Writer Rudy Yniguez can be reached at 337-3440.

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