Walter B. Ryals v. Broadbent Development

This is an appeal from an order granting a new trial. Following trial, the jury returned special verdict forms relating to negligence and proximate cause which favored the plaintiff. Thereafter the trial Judge concluded that the special verdict of the jury relating to proximate cause was erroneous and he made a different finding relating to proximate causation and ordered a new trial in the absence of the plaintiff accepting a remittitur lowering the damages. Upon such refusal of plaintiff, the trial Judge ordered a new trial. Plaintiff appeals therefrom and defendant also cross-appeals asserting that the trial Judge erred in not granting the new trial upon additional grounds. We reverse the order of the trial court granting a new trial and affirm the trial courts action as it relates to the cross-appeal.