Legal Opinion

Wilkinson v. Cruz

Court of Appeals of North Carolina

Decided October 16, 1990No. 9027SC68Published

1Opinion of the Court

ORR, Judge.

Plaintiff argues two assignments of error on appeal. For the reasons below, we affirm the trial court’s decision.

Plaintiff first argues that the trial court erred in denying plaintiffs motion for a new trial on the issue of damages under Rule 59 of the N.C. Rules of Civil Procedure. Plaintiff contends that the jury award of $4,000.00 was grossly inadequate and reflected a manifest disregard by the jury of the instructions of the court. We disagree.

A motion for a new trial on the grounds of grossly inadequate or excessive damages under Rule 59 is within the sound discretion of the…

2Cases cited4 opinions

  1. Worthington v. BynumSupreme Court of North Carolina · 1982
  2. Blow v. ShaughnessyCourt of Appeals of North Carolina · 1988
  3. Moon v. Bostian Heights Volunteer Fire DepartmentCourt of Appeals of North Carolina · 1990
  4. State v. HowardSupreme Court of North Carolina · 1982

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