Flowers v. Dean

I concur in the result. I acknowledge that “a claim on appeal that the damages were inadequate will not be reviewed unless such a claim was first presented to the trial court by a motion for new trial.” Najor v. Pensacola Pools, Inc., 607 So.2d 294, 295 (Ala.Civ.App.1992). In the present case, the Flowerses filed a motion for a new trial asserting, among other things, “that the verdict [was] contrary to the evidence.” Because the verdict was in the Flowerses’ favor, their motion clearly attacked the amount of damages awarded. Thus, I conclude that the allegations in the Flowerses’ motion for…