Kralyevich v. Magrini

WAGLER, J. pro tem. *

This is an appeal by defendant from an order granting a new trial on the issue of damages alone.

By his complaint plaintiff sought damages for personal injuries, in the sum of $25,000, which he claimed he sustained when his vehicle was struck in the rear by a vehicle operated by the defendant. Both parties agree that the special damages proved at the trial exceeded $4,000. The jury, by a vote of 10 to 2, returned a verdict in plaintiff’s favor in the sum of $2,500. Plaintiff thereupon moved for a new trial upon the issue of damages alone, specifying as grounds therefor:…