Harding v. Modern Income Life Insurance Co.

WASSERSTROM, Chief Judge.

Suit to recover damages for fraud. The jury awarded plaintiffs $7,459.20 actual damages and $4,500.00 punitive damages. The trial court, however, entered judgment in favor of defendant notwithstanding the verdict or in the alternative granted a new trial. The basis for the trial court’s entry of judgment in favor of defendant was that plaintiffs’ cause of action had become barred by the statute of limitations. With respect to the alternative grant of a new trial, the trial court held that the verdict directing instruction was incorrect in that one of the alternative…