Phillips v. Lively

DIXON, Judge.

Plaintiff appeals an order granting a new trial on all the issues. Plaintiff had recovered a jury verdict and filed a motion for a new trial on the issue of damages alone. The trial court order directing the new trial specifically recited that the new trial was ordered because of trial court error in excluding evidence of the permanency of plaintiff’s damages. No issue arises on this appeal concerning the correctness of that ruling.

The appeal taken by plaintiff raises three issues. First, plaintiff asserts there was insufficient evidence to permit the submission of a contributory…