Emery v. Smith

HERRON, J.,

INTRODUCTION

After a three-day trial of this motor vehicle accident case, the jury returned a $400,000 verdict in favor of plaintiff, James Emery. Defendant has now filed a motion for post-trial relief seeking a new trial, judgment n.o.v. or remittitur. A key issue is whether defendant has waived essential prerequisites for such relief. A review of the record reveals that such waivers have occurred. In addition, defendant’s claims as to the evidentiary ruling are substantively unpersuasive.

Factual Background

On September 30,1992, plaintiff James Emery, while driving a pickup truck en…