Kelty v. Wiseman Construction Co.

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiff appeals from a denial of his motion for a new trial on the issue of damages only, following a jury award of *9200, which amount he claims to be palpably inadequate since it does not represent his out-of-pocket expenses.

Defendant counters that these damages are not palpably inadequate or, if they are, that they are the result of a jury compromise on the issue of liability and damages which renders improper the award of a new trial on the issue of damages only.

On January 2,1973, plaintiff, a carpenter, was building an…