Nelson v. Trujillo

OAKS, Justice:

This negligence action arising out of an automobile collision has been tried twice. The first jury found $12,000 damages, but apportioned fault equally between the parties. The court granted plaintiff’s motion for a new trial. A second jury found defendant solely negligent, fixing damages at $151,029.63. The court denied defendant’s motion for a new trial on condition that plaintiff accept a remittitur in the amount of $15,000, which he did.

On appeal, defendant challenges the grant of plaintiff’s motion for a new trial after the first verdict. He urges this Court to revise its…