Poole v. Kroger Co.

OPINION

FONES, Justice.

Plaintiff’s suit for personal injuries sustained when she fell on defendant’s premises resulted in a jury verdict of $10,000, an amount approved by the trial judge. On appeal the majority of the Court of Appeals’ panel set aside the verdict “because of extreme inadequacy . . . evidencing misconduct by the jury,” and remanded for a new trial on the issue of damages only. The dissenting judge was of the opinion that material evidence existed in the record to support the jury award approved by the trial judge and would have affirmed the judgment of $10,000. We agree with…