Tappan v. Higgins

Defendant, Jeffery C. Higgins, appeals an order of the Flathead County District Court granting a new trial to the plaintiff, Sherri Lenore Tappan. In a personal injury action, the jury found in favor of the plaintiff in the amount of $3,450.00. Plaintiff moved for a new trial on the ground of inadequacy of damages and the trial court granted the motion. Defendant now appeals the District Court order. We affirm.

The sole issue on appeal is: Whether the District Court abused its discretion in granting Tappan’s motion for a new trial.

On July 29,1986, Tappan and Higgins were involved in an…