Charles R. Combs Trucking, Inc. v. International Harvester Co.

The pivotal issue is whether the court of appeals erred when it ordered a complete new trial when the only reversible error dealt exclusively with the award of damages.

The appellate court affirmed the jury verdict with respect to the issue of liability on the plaintiff’s claim for fraud and breach of contract.

App. R. 12(D) and Civ. R. 42(B) together authorize the court of appeals to order a retrial of only those issues which resulted in prejudicial error. Inasmuch as the issue of liability has been established, the sole issue to be determined on retrial would be the amount of damages. The…