Davis v. Casey

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

The trial court entered judgment on a jury verdict in favor of Mitchell Thomas and against the estate of Ramon Nightengale, but the court limited Thomas’s recovery to the policy limits of applicable insurance. Thomas cashed a check from the insurer for the amount the court permitted. The estate appealed, but made its appeal contingent: it would seek a new trial only if a court vacated the limitation on its liability or added in any other way to the recovery the trial court permitted. Thomas cross-appealed, arguing that the trial…