Dimmick v. Alvarez

Plaintiffs, Floyd Dimmick and his wife, Lillian, appeal from a judgment in their favor entered on a jury verdict, in their actions for property damage and personal injuries, and from the denial of their motion for a new trial. They contend that a new trial on the issue of damages should be granted to plaintiff, Lillian Dimmick, as the damages awarded are inadequate as a matter of law, and that both plaintiffs are entitled to a new trial because of conversation which occurred during the trial between defense counsel and members of the jury.

Turning first to the purported appeal from the order…