Dizon v. Pope

Opinion

ASHBY, J.

Plaintiff appeals from an order granting defendant’s (respondent) motion for a new trial on all issues unless plaintiff (appellant) files a remission of judgment in the sum of $35,000.

On June 8, 1970, appellant and respondent were involved in an automobile accident. The case was tried to a jury which returned a verdict for appellant and awarded damages in the amount of $50,000. Respondent moved for a new trial. That motion was granted by the trial court. The order granting the motion for a new trial provided as follows: “Defendant’s motion for new trial having been submitted…