Melenson v. Howell

This is an action for damages for personal injuries. Plaintiff had a verdict for $25,000. The trial court required aremittitur of $10,000, which was made, and final judgment was entered for $15,000. Defendant has appealed from this judgment.

[1] Plaintiff makes the contention "that defendant is in the same position on this record as if none of the points raised were mentioned in a motion for new trial." The basis of this claim is that, although defendant filed a timely motion for new trial, this went to the first judgment entered for $25,000, and that, when, after remittitur, a new judgment…