Millar v. Berg

COIL, Commissioner.

Plaintiff below claimed $25,000 as damages for personal injuries allegedly sustained when he was struck by an automobile owned and operated by defendant. The jury found for plaintiff and assessed his damages at $4,500. The trial court sustained plaintiff’s motion for new trial on the issue of damages only on the ground that the verdict was grossly inadequate. Defendant, who filed no after-trial motion, has appealed and contends that the court erred because it should have sustained defendant’s motion for a directed verdict at the close of all the evidence (and thus that…