Schettino v. Labarba

Opinion

DiPENTIMA, J.

In this personal injury action, the substitute defendant, Michael Maronich,1 appeals from the judgment of the trial court setting aside the jury’s verdict and ordering anew trial on the issue of damages, rendered following the defendant’s refusal to accept the court-ordered additur. On appeal,2 the defendant claims that the court improperly granted the additur when there was no indication that the verdict was against the weight of the evidence or was otherwise based on prejudice. We agree with the defendant and, therefore, reverse the judgment and remand the case to the…