Brown v. Conrad

CONOVER, Presiding Judge.

Defendant-Appellant Byron Brown (Brown) appeals an order granting a new trial upon Plaintiff’s-Appellee’s Ernest and Mary Conrad’s (Conrads) motion to correct error. Ind.Rules of Procedure, Trial Rule 59(J)(7).

Brown presents two issues:

1. did the trial court err by vacating a judgment in his favor; and

2. did the trial court err by granting a new trial on the issue of damages?

On November 9, 1985, Brown drove his car into the rear of Ernest Conrad’s car injuring him. The Conrads sued, alleging Brown was negligent and his negligence caused Ernest severe and permanent…