Pauley v. Bays

This is an appeal by Lansford Bays (hereinafter “Appellant”) from a December 14, 1995, order of the Circuit Court of Lincoln County granting a new trial on the issue of damages to the Appellee Eloise Pauley (hereinafter “Appellee”). The Appellant, the defendant in an underlying civil action for damages sustained during an automobile accident, contends that the lower court abused its discretion in ordering the new trial on the issue of damages. We agree and remand this matter for resolution consistent with the original jury award.

I

On July 2,1990, as the Appellant exited his residential…