Karsten v. Meis

The trial court granted a new trial in the interests of justice for the reason that the damages assessed by the jury were excessive. The question presented is whether it was error to reduce the damages assessed by the jury to the lowest amount a properly instructed jury would award or grant a new trial upon appellant’s failure to accept the reduced amount.

We have examined the record carefully and the evidence respecting appellant’s pain and suffering and disability is as follows: Upon appellant’s admission to the hospital it was found that he had a brain concussion, cuts of the hands and…