Paschal v. Nixon

Judy Paschal filed this action against Lashana Nixon as a result of an automobile accident that occurred in July 1990. Following a jury trial, a verdict was returned for Paschal in the amount of $2,500. Paschal moved for a new trial, based on inadequacy of damages. The motion was denied. Paschal appeals.

The issue before this court is whether the trial court erred in refusing to grant a new trial for inadequacy of damages. Nixon did not file a cross appeal. Therefore, liability is not at issue.

The assessment of damages is a matter within the jury's discretion. Thompson v. Cooper, 551 So.2d…