Birkes v. Wade

This is an action for damages for personal injuries sustained by plaintiff in a fall at defendant’s motel. The jury returned a verdict in favor of plaintiff for $46,975 in general damages and $28,770.85 in special damages. Defendant then filed a motion for entry of a judgment n.o.v., or, in the alternative, for a new trial, based upon various alleged errors. The trial court entered an order setting aside the jury verdict and granting a new trial. Plaintiff appeals from that order.

■ In granting a new trial the trial judge rejected all of defendant’s claims of error except for the contention…