Nassar v. Fletcher

ORDER

From defendant’s application for new trial as against the individual plaintiff alone (and not as against the subrogated insurer, plaintiff in the consolidated case), and from the wording of the application for new trial, it appears that the application asks for new trial on the ground that quantum is excessive. Notwithstanding that the application asked only for new trial, C.C.P. 1813 provides the court “may” indicate a period for remittitur as an alternative to granting a new trial. Under the circumstance that liability is established in the trial judge’s own $4,812.96 judgment for the…