Rome v. Gaffrey

KELLY, Judge.

Plaintiff, LeRoy Rome, sued defendant, Francis Gaffrey, for personal injuries. Following a jury verdict in favor of plaintiff, and before the entry of judgment, the trial court granted defendant’s motion for new trial based on alleged jury misconduct. Plaintiff appeals the judgment in his favor in a lesser amount, entered upon retrial, challenging under C.R.C.P. 59(g) the validity of the order granting a new trial. We set aside the judgment and remand for entry of judgment on the verdict returned at the first trial.

It is uncontroverted that the jury was properly instructed on the…