Dolgen Corp. v. Hanks

I believe the trial court erred in granting the Hankses' motion for a new trial based on inadequacy of damages. A careful review of the record reveals that the Hankses presented evidence of the following losses:

$2,459.32 medical bills $1,934.00 amounts paid for domestic help $ 523.60 mileage for trips to and from the doctor $ 75.00 long distance telephone charges _________ $4,991.92 total losses

It is well settled that a jury verdict is presumed to be correct and that it will not be set aside as inadequate "unless the amount awarded is so inadequate as to indicate that the verdict is the…