Fisher v. Davis

LAVORATO, Justice.

In this personal injury case, the district court found the jury verdict was inadequate and granted the plaintiff a new trial unless both the plaintiff and the defendant consented to an additur. The defendant appealed, contending that the district court abused its discretion in ruling that the plaintiff was entitled to a new trial. In the alternative, the defendant contends the district court erred in requiring the consent of the plaintiff to the additur. The defendant also contends that any retrial should be limited to damages relating to the injury for which the jury…