Primm v. Continental Casualty Company

BENJAMIN C. DAWKINS, Jr., Chief Judge.

The action is for damages, growing out of an accident which occurred on September 17, 1954, wherein plaintiff received serious, permanent injuries. The jury returned a verdict for plaintiff in the sum of $72,500, after a four-day trial, hotly contested by defendants, both as to liability and quantum.

Defendants now move for a new trial on two grounds: 1) that the jury was guilty of misconduct, and 2) that the award is excessive, having resulted from passion and prejudice.

In support of their charge of jury misconduct, defendants have filed the affidavit of…