Gersick v. Shilling

In a personal injury action, the jury brought in a verdict for plaintiff in the sum of $1,500. Plaintiff moved for a new trial on the ground that the damages awarded were inadequate. The motion was denied, and plaintiff appeals on the sole ground that the damages awarded are inadequate as a matter of law.

There is ample, although conflicting, evidence to sustain the implied findings of the jury that defendant’s negligence proximately caused the accident and resultant injuries, and that plaintiff was not contributively negligent. Since defendant did not move for a new trial, nor has he…