TENTATIVE RULING:
Plaintiff's motion for new trial is denied.
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.
Plaintiff moves for new trial on the grounds of inadequate damages (CCP section 657(5) and insufficiency of the evidence and verdict against law, (657(6)). The basis for each ground is that the damages for future pain and suffering, lost income and medical expenses are inadequate. In addition plaintiff contends the finding of lack of negligence by Mr. Wafford is against law.
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.
The motion on the grounds of inadequate
Hearing Date
January 29, 2014
Category
Civil - Unlimited
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TENTATIVE RULING:
Plaintiff's motion for new trial is denied.
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.
Plaintiff moves for new trial on the grounds of inadequate damages (CCP section 657(5) and insufficiency of the evidence and verdict against law, (657(6)). The basis for each ground is that the damages for future pain and suffering, lost income and medical expenses are inadequate. In addition plaintiff contends the finding of lack of negligence by Mr. Wafford is against law.
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.
The motion on the grounds of inadequate