Rush v. Blanchard

Toal, Justice:

The issues raised in this appeal and cross appeal are: (1) did the trial court err in refusing to grant a judgment notwithstanding the verdict (JNOV) motion based on the plaintiffs failure to prove cause in fact, (2) did the trial court err in granting a new trial nisi remittitur rather than a new trial absolute, (3) can plaintiffs cross appeal a remittitur that they have accepted, and (4) did the trial court err in granting a new trial nisi remittitur.

FACTS

The plaintiffs in this action are Mr. and Ms. Rush and their minor son, Antoine. They brought this action alleging that Dr.…