Mejia v. Chapman (PFR)

S-13-1015 Adelberto Mejia (Appellant) v. Randy Chapman
Dawson County, Judge James E. Doyle IV
Attorneys: Siegfried H. Brauer (Appellant) ---Larry R. Baumann, Angela R. Shute (Kelley Scritsmier & Byrne PCLLO) (Appellee)
Civil: employment; unpaid wages
Proceedings below: The jury determined plaintiff was an independent contractor. The Court of Appeals affirmed in a memorandum opinion. See A-13-1015 Mejia v. Chapman. Appellant/Plaintiff Petitioned for Further Review which was granted by the Supreme Court.
Issues on Review: The Court of Appeals erred in (1) failing to find the jury verdict in favor of defendant was clearly wrong; (2) finding the jury followed the instructions given to it by the court; (3) implying the trial court's answers to the jury's questions allowed the jury to render judgment contrary to law and facts; (4) implying plaintiff's counsel should have objected to Jury Instruction #2; (5) finding the jury justly disregarded any debut of defendant to plaintiff; (6) implicitly finding the jury could enter judgment for defendant and at the same time award plaintiff damages; (7) affirming the jury's determination that plaintiff was not an employee; (8) holding the trial court did not abuse its discretion in denying a new trial.