Levites v. Mister CA2/6
Jay Levites (Levites) sued Jacqueline Mister for damages allegedly sustained during an automobile accident. The jury returned a verdict in Mister’s favor. Mister appeals from an order granting a limited new trial to Levites on the issues of causation and damages. We conclude the trial court did not abuse its discretion by granting Levites’s motion for a new trial after the jury found, contrary to the expert medical testimony, that Mister’s negligence was not a substantial factor in causing Levites any harm. We affirm the order and dismiss Levites’s protective cross-appeal from the judgment as moot. (See Ovando v. County of Los Angeles (2008) 159 Cal.App.4th 42, 60 [“[A]ffirmance of the new trial order means that there is no judgment in effect and that the appeal from the judgment is moot”].)
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