Hardy v. Osborn

The plaintiff appeals from the denial of her motion for new trial, after a judgment in her favor for allegedly inadequate damages. She argues that the jury mistakenly listed her special damages instead of the total damages in their interrogatory answers for her personal injury action. However, the jurors’ affidavits to that effect cannot contradict the written interrogatory answer, so we reject that contention. Nevertheless, we unanimously conclude that the jury’s interrogatory answer and the resulting judgment were contrary to the manifest weight of the evidence. Consequently, we recognize…