Hyler v. Heyer

The plaintiff moves to aside only such part of the verdict rendered herein as assesses damages and for an order granting a new trial confined to the issue of damages alone.

It is the plaintiff’s position that while the jury determined the question of liability in favor of the plaintiff, the amount of the verdict was wholly inadequate and there should be a new trial confined to the issue of damages only.

There is no basis in law, at least in this jurisdiction, for such a motion. In the absence of statute, the common-law rule which still exists in this State is that a verdict is indivisible. In…