Mattox v. Isokinetic Co.

LOWENSTEIN, Presiding Judge.

This case involves a suit by Mattox, the plaintiff, against one of the defendants, Hughes, for damages for assault. The jury returned a verdict for Mattox and awarded him $2,000 actual and $20,000 punitive damages. After entry of judgment for $22,000, the trial court granted Hughes’ motion for a new trial. Mattox appeals the new trial order.

Judgment on the verdict was entered on December 7, 1984. Hughes filed a timely motion for new trial on December 21, 1984. Rule 78.04. Under Rule 78.06, the trial court had ninety days to rule on the new trial motion, and if the…