Groff v. State Industrial Accident Commission

POET, J. (Pro Tempore).

This case is brought by the plaintiff for alleged aggravation of an injury to her back and legs for which she had previously received a final award of “* * * 20% permanent partial disability * * * on account of her unscheduled injuries.” The defendant denied the claimed aggravation. The case was duly tried and submitted to a jury which returned into a court a verdict for the defendant Commission.

Thereafter the plaintiff filed a motion for a new trial on the ground of “Misconduct of the jury or prevailing party * * *” under OES 17.610(2). The court allowed the motion and…