Koele v. Radue

The sole issue on this appeal is whether the trial court acted properly in setting aside the jury’s award of damages and granting a new trial unless the plaintiffs elected to take judgment on the reduced amounts set by the trial court.

Where in response to motions after verdict a trial court fully reviews the evidence as to damages and concludes that the award is or is not excessive, the sole question on appellate review is whether this determination was an abuse of discretion. On review this court must, like the trial court, view the evidence in the light most favorable to the plaintiff.…