Question: 1. Does granting a new trial because the jury awarded excessive damages infringe on the plaintiffs constitutional right to a jury trial? 2. Does a

1. Does granting a new trial because the jury awarded excessive damages infringe on the plaintiff’s constitutional right to a jury trial?
2. Does a reduction of the amount of damages by the court as a condition for denying a new trial invade the province of the jury?
3. When is it proper for a judge to grant a directed verdict motion?
4. What is the purpose of the motion for judgment notwithstanding the verdict (JNOV)?

Raper, Justice
This appeal arose from a negligence action brought by Lois M. Cody (appellant) against Alfred Atkins (appellee) for injuries she allegedly sustained in an automobile collision between her car and appellee’s pickup. Appellant appeals from the judgment on a jury verdict entered by the district court in favor of appellee..

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1 The constitutional right to a jury trial is not infringed by the granting of a new trial for the award of excess damages by the jury It is for the j... View full answer

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