Clark v. Russo

ALLEN, Acting Chief Judge.

This is an appeal from an order granting appellee’s (defendant below) motion for a new trial.

The jury returned a verdict for the plaintiff assessing damages in the amount of $19,701.93. The trial court granted the defendant’s motion for a new trial on the grounds that the verdict was so grossly excessive as to shock the judicial conscience and to indicate that the jury was influenced by passion, prejudice, sympathy or other matters outside the evidence.

In this case we have more than a mere narrow finding of excessiveness by the court below. The trial court, in so^…