Copeland v. City of Yuma

OPINION

FIDEL, Judge.

On March 25, 1988, a jury returned a $40,000 verdict in plaintiffs’ favor in a personal injury action against the City of Yuma and one of its employees. On April 13, 1988, defendants filed a motion for judgment notwithstanding the verdict and a motion for new trial. Because the motion was filed beyond the fifteen day time limit of Rule 59,16 A.R.S. Arizona Rules of Civil Procedure, it was stricken as untimely. On April 25, 1988, defendants filed a timely notice of appeal.

Defendants argue on appeal that they should be granted a new trial (1) because the jury was incorrectly…