Crookston v. Fire Insurance Exchange

I agree with much of what the majority states about the standards to be employed under Rule 59(a)(5) of the Utah Rules of Civil Procedure, but I have reservations about several points in the opinion concerning the trial and appellate standards for dealing with motions for new trials, and I disagree with the ultimate disposition of the punitive damages issue. I concur in all other parts of the opinion.

The sole issue raised on appeal in this case with respect to the award of punitive damages is that they were “excessive” under Rule 59(a)(5) of the Utah Rules of Civil Procedure. Rule 59(a)…