Magnani v. Trogi

Dissenting Opinion

I do not agree with the opinion of the majority. The record before us clearly shows that Plaintiff waived any individual interest in the verdict. The verdict, then being within the range of the evidence and the law, any possible dilemma facing the trial court was thereby solved.

As was succinctly stated in Hall v. Chicago & N. W. Ry. Co., 349 Ill App 175, 110 NE2d 654 “We are not unmindful of the rule and cases which hold that the trial judge is allowed broad discretion in granting motions for a new trial, and that his actions will not be reversed on appeal except in cases of…