Burns v. Metropolitan Distributors

The single question on this appeal is whether, on the evidence, the trial court was justi fied in setting aside the verdict as excessive on the failure of the plaintiff to file the remittitur it directed. While the defendants have suggested perjury on the part of the plaintiff, the record discloses no more than a contradiction of testimony between the plaintiff and her physician as to office visits, and the trial court makes no reference to false testimony in its memorandum on the ruling setting aside the verdict. From the evidence presented by the plaintiff, the jury might have found the…