Flanagan v. Lindberg

OPINION

POPOVICH, Chief Judge.

This appeal is from an order denying appellant Gerald Flanagan’s motion for a new trial. Appellant contends the trial court erred in failing to grant him a new trial because the verdict (1) is unsupported by the evidence, (2) is insufficient as a matter of law, (3) was rendered under the influence of passion or prejudice, (4) was improperly reduced by set-off of no fault benefits, and (5) was rendered in a confusing form. We agree, reverse and remand.

FACTS

On July 14,1983, appellant Gerald Flanagan and respondent Larey Lindberg were involved in an automobile…