DiBattista v. Lincoln

A husband and wife brought this civil action in the Superior Court to recover for injuries sustained in an automobile collision. A jury returned a verdict of $1,023.84 for the husband and of $457.92 for the wife and thereafter the trial justice granted the plaintiffs’ motion for a new trial solely on the question of damages unless the defendant consented to an additur of $1,000 as to each claimant. The defendant refused to file the required consents to the additurs and appealed.

The duties of a trial justice considering a motion for a new trial on the ground of inadequacy of damages are well…