Frazier v. Merricks

MANN, Judge.

The jury’s verdict was for $316.31, precisely the amount of damage to Merricks’ station wagon. No damages were awarded on account of pain and suffering. Mer-ricks claimed a whiplash injury. Medical testimony about personal injury is grounded on Merricks’ complaints, and the injury is not objectively verifiable, nor can it be conclusively disproved.

The trial judge granted a new trial, with the following explanation given to counsel in a letter, which was appended to the order granting a new trial:

“I have reviewed the authorities cited and have asked the court reporter to read back…