Aetna Casualty & Surety Co. v. Kaufman

Following return of a jury verdict in favor of Mr. and Mrs. Kaufman, the trial court granted a new trial solely as to damages. The court based its ruling on what it determined to be a “grossly inadequate” award in light of the damages sustained by Mrs. Kaufman when she slipped and fell as a result of defective pavement. The court found that the jury was prejudiced by improper closing remarks of counsel for appellant, H.L. Edwards Construction Co.*

Noting that a trial judge is in a “much better position than an appellate court to pass on the ultimate correctness of the jury’s verdict,” Pyms v.…