Heat Express, Inc. v. Henry

The Heat Express, Inc. (“Heat Express”), defendant below, appeals an order granting a new trial to Ralph and Marie Henry, plaintiffs below, on the issue of damages in their personal injury action. We affirm, as we cannot conclude that the trial court abused its discretion in ordering a new trial on this issue.

Ralph Henry was injured by a Heat Express employee who was in the process of unloading a large commercial pizza oven from a truck. The oven fell from a lift three and one half feet above the ground onto Mr. Henry, hitting his shoulder and right leg. Mr. Henry and his wife, Marie, sued…