Dixon v. Prothro

The opinion of the court was delivered by

Lockett, J.:

Dasie M. Dixon sued David L. Prothro for damages caused by an automobile accident. After the second trial, Dixon moved for a new trial, contending the damages verdict was inadequate. The trial court, sua sponte, proposed an additur. Defendant agreed to the additur. Over plaintiff’s objection, the trial court entered judgment for plaintiff in accordance with the proposed additur. Dixon appealed, claiming the trial court denied plaintiff her right to a new jury trial by entering an additur judgment over her objection. The Court of Appeals…