Suarez v. Godfrey

Trial court granted a new trial in a negligence action resulting from an intersection collision between vehicles. Three grounds therefor were assigned:

“(1) The verdict was contrary to the manifest weight of the evidence.

“(2) The court erred in failing to instruct the jury that any award against the defendant Brown should be diminished in the amount proportionate to the negligence of defendant Smith;

“(3) Defendant Smith, having settled for $9,700 and having been clearly at fault, even if the jury was properly instructed the verdict of $35,000 against defendant Brown was grossly excessive.”

We…