Smith v. McMillan

I respectfully dissent from the majority opinion because the Court of Appeals did not commit reversible error in determining that the trial judge properly exercised his discretion in denying a motion for a new trial on the basis of inadequate damages, and the remarks by counsel do not constitute reversible error.

Denial of a new trial on the basis of inadequacy of damages is a matter for the exercise of the sound discretion of the trial judge. The reversal of such a decision by a reviewing court must be undertaken only with great restraint and only in exceptional cases. Aker v. Smith, Ky., 290…