Norfolk Southern Railway Co. v. Crown Power & Equipment Co.

KAREN KING MITCHELL, Judge.

This case involves an alleged error by the jury in recording its verdict. The primary issue is whether the trial court erred in denying the plaintiffs motion for additur or, in the alternative, for a new trial as to damages only, when the damage award contained in the verdict was contrary to the uncontested facts in the record but when there was no clear alternative to the jury’s damage award. We hold that, under these facts, the court should have granted a new trial with respect to damages only.

Another issue is whether the court erred in disregarding jurors’…