Harris v. Zee

Respectfully, I dissent.

It is axiomatic that a trial judge has the power to review the evidence and draw reasonable inferences therefrom in passing on the question whether a jury has awarded excessive damages in a trial heard before him. Collins v. Lucky Mkts., Inc., 79 Cal.Rptr. 454 (Cal.App. 1969), and Gordon v. Strawther Enterprises, Inc., 78 Cal.Rptr. 417 (Cal.App. 1969). In doing so he must, however, keep in mind the provisions of NRCP 59(a)(6):

"RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS

"(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the…