Smith v. Lefebre

Opinion

SCHALLER, J.

The defendant, Robert A. Lefebre, appeals from the judgment of the trial court, which set aside the jury verdict and ordered a new trial on the issue of damages after the defendant refused to accept a court-ordered additur. On appeal, the defendant claims that the court improperly ordered the additur in the absence of any reason to determine that the verdict was against the weight of the evidence, shocked the sense of justice or was based on partiality, prejudice, mistake or corruption. We reverse the judgment and remand the case to the trial court with direction to…