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Home / Opinions / Courts / Court of Appeals, Eastern District / Negligence : Auto Accident – Damages – New Trial Motion

Negligence : Auto Accident – Damages – New Trial Motion

Where a defendant in an auto accident personal injury case was found to be 100 percent at fault but the jury assessed damages at zero dollars, the trial court did not abuse its discretion in finding that the verdict was against the weight of the evidence, so the award of a new trial on the issue of damages is affirmed, and the defendant did not preserve for appeal the issue of the court’s denial of the plaintiff’s motion for a new trial as to liability.

Judgment is affirmed.

Winchester v. Sunshine (MLW No. 67058/Case No. ED100968 – 7 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis City, Burlison, J. (Mary K. Justin for appellant) (Robert H. Pedroli Jr., Daniel J. Gauthier, Eric A. Ruttencutter, Johnathon C. Brereton-Hubbard and Carl D. Kraft for respondents).

Read the full text of this opinion. (PDF)