Hamasaki v. Flotho

I dissent.

The order granting plaintiff a new trial on the issue of damages should be affirmed. The trial court has exercised its discretion and determined that the evidence on liability was clearly sufficient (it denied defendants’ motion for a new trial) and also that a limited new trial (damages only) was proper and not unjust to defendants—that there was no indication of a compromise verdict by the jury. I have discussed that phase of this case in my dissent in Leipert v. Honold (ante, p. 471), and here adopt the views expressed there.

There is an additional factor here presented. The sole…