Paul v. Kirkendall

McDonough, Justice.

Appeal from a judgment awarding plaintiff $20,000 for damages arising out of an automobile collision, for which defendant admitted liability, and from the trial court’s 'denial of a motion for new trial on the basis of excessive damages.

Appellant claims here that damages awarded were “so excessive as to appear prejudicial.” Rule 59(a) (5), Utah Rules of Civil Procedure, provides that a new trial may be granted on grounds of excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice. It is not enough, under this rule nor under…