Holcomb v. Miller

Opinion on Rehearing

Sullivan, P.J.

Plaintiffs-Appellants herein contend that the trial court erred in granting Defendant-Appellee’s Motion for New Trial. Plaintiffs’ complaints alleged damages for personal injury and for medical expenses occasioned by the negligent operation of a motor vehicle by defendant. Trial resulted in verdicts by the jury for both plaintiffs against defendant.

Defendant’s Motion for New Trial asserted, insofar as pertinent, that the verdict was not sustained by sufficient evidence. The Motion was accompanied by a Memorandum which stated:

“(a) The uncontroverted evidence…