Julian v. City of Cedar Rapids

UHLENHOPP, Justice.

This appeal involves the propriety of a new-trial grant to plaintiff Patricia Ann Julian in a damage action for an alleged false arrest without a warrant.

The parties tried the action to a jury. The trial court instructed the jury that Julian had the burden to prove, as one element, that her detention or restraint was unlawful. The jury found for defendants City of Cedar Rapids and Officer Donald Potter, and the verdict was filed on November 10, 1977.

On November 18, 1977, Julian filed a motion for new trial which did not include the burden of proof issue. On December 13,…