Tentative Ruling
The Court rules as follows on plaintiff's motion for new trial.
A motion for new trial is entirely statutory. It can be granted only on one of the seven grounds set forth in Code of Civil Procedure section 657.
Here, plaintiff moves for new trial on the grounds of inadequate damages (CCP section 657(5).
In ruling on the merits of a motion for new trial, the Court starts with the basic premise of Article VI section 13 of the Constitution. No judgment shall be set aside, or new trial granted unless, after an examination of the entire cause, including the evidence, the Court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Plaintiff, here, argues that the jury failed to award any amount for pain and suffering damages rendering the verdict contrary to the evidence and the damages inadequate.
It is well established that a new trial motion on the ground of inadequate damages shall not be granted unless after weighing the ev
Hearing Date
December 03, 2009
Category
Civil - Unlimited
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Tentative Ruling
The Court rules as follows on plaintiff's motion for new trial.
A motion for new trial is entirely statutory. It can be granted only on one of the seven grounds set forth in Code of Civil Procedure section 657.
Here, plaintiff moves for new trial on the grounds of inadequate damages (CCP section 657(5).
In ruling on the merits of a motion for new trial, the Court starts with the basic premise of Article VI section 13 of the Constitution. No judgment shall be set aside, or new trial granted unless, after an examination of the entire cause, including the evidence, the Court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Plaintiff, here, argues that the jury failed to award any amount for pain and suffering damages rendering the verdict contrary to the evidence and the damages inadequate.
It is well established that a new trial motion on the ground of inadequate damages shall not be granted unless after weighing the ev