City of Burlington v. Staley

ARNOLD, Judge.

Plaintiff contends that the trial court erred in failing to set aside the verdict and grant a new trial because (1) the evidence was insufficient to justify the verdict, (2) the verdict was an improper compromise verdict, and (3) the jury in reaching its verdict disregarded the instructions of the court and instead acted under the influence of passion and prejudice.

Each of these contentions will be addressed in turn, but first it should be noted that a trial judge’s ruling on a motion for new trial involves the discretion of the trial judge, and is not reviewable in the absence…