Garcia v. San Gabriel Ready Mixt

Plaintiff was awarded $25,000 by a jury for personal injuries. Defendants moved for a new trial specifying six grounds, two of which were: “1. Insufficiency of the evidence to justify the verdict and judgment,” and “4. Excessive damages appearing to have been given under the. influence of passion and prejudice.” The motion was granted and the order states: “Motion of Defendants for a new trial herein is granted on the issue of damages only, on the grounds of excessive damages and insufficiency of the evidence to sustain the verdict.” Plaintiff filed notice of appeal from this order but his…