Head v. CSX Transportation, Inc.

There is a line of cases stating that where comparative negligence is involved under the pleadings and evidence, it is improper for a trial court to grant a new trial on the basis that the jury verdict for damages for personal injuries is inadequate. The order of the second trial judge granting the supplemental motion for reconsideration and reinstating the jury verdict was explicitly predicated on this rule.

Recent decisions following this rule include Beringause v. Fogleman Truck Lines, 209 Ga. App. 470, 472 (433 SE2d 398); Palo v. Meisenheimer, 199 Ga. App. 24 (403 SE2d 881); and Stroud v.…