Hernandez v. State

OPINION

RICHMOND, Judge.

Defendant State of Arizona appeals from an order pursuant to 16 A.R.S. Rules of Civil Procedure, 59(i), conditionally granting plaintiffs Gilbert and Josephine Hernandez a new trial on the issue of damages for personal injuries sustained by Josephine and for the death of their 8-year-old child, Anita, unless the state agreed to increases in the damages awarded by the jury. The state failed to file a statement accepting the increases within the 10 days prescribed by the trial court. We affirm the order in part and reverse in part.

The case arose from a one-vehicle…