Legal Opinion
Willmore v. Hertz Corp.
District Court, W.D. Michigan
Decided November 3, 1969No. Civ. A. No. 5641PublishedCited by 2 opinions
1Opinion of the Court
OPINION ON MOTION FOR NEW TRIAL
FOX, District Judge.
Following a $75,000 jury verdict for plaintiff in this personal injury action, defendants move for a new trial. In support of this motion they urge the following :(1) Defendants claim the verdict is excessive and not justified by the evidence.
The award of damages in personal injury cases is in the sound discretion of the jury. The court will not substitute its own judgment for that of the proper trier of fact unless the verdict is either shocking to its conscience or is the result of prejudice, passion, or other improper influences. McKay v.…
2Cases cited15 opinions
- Matheny v. PorterCourt of Appeals for the Tenth Circuit · 1946
- Normand v. Thomas Theatre Corp.Michigan Supreme Court · 1957
- Stevens v. Edward C. Levy Co.Michigan Supreme Court · 1965
- McKay v. HargisMichigan Supreme Court · 1958
- Globe Cereal Mills v. Shirlee S. ScrivenerCourt of Appeals for the Tenth Circuit · 1956
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cabassa v. American Union Transport, Inc.District Court, D. Puerto Rico · 1972
- Fischer v. United StatesDistrict Court, E.D. Michigan · 2022