Erickson ex rel. Erickson v. Hammermeister

I would reverse and remand for a new trial on damages. The trial court’s findings strongly support a much larger addi-tur than was granted. Specifically, the court found:

Young Catherine was sitting next to the dog, when the dog, twice her size, turned and bit her in the face. After the bite, Catherine was running around the yard screaming, with blood over her face and dress. She was rushed to the Emergency Room still crying, and underwent surgery.

Here, the jury’s verdict is inadequate based on the evidence and appears to be a result of passion or prejudice. The verdict was not within the…