Tinoco v. Garcia CA5
The original judgment in this wrongful death action was reversed and remanded for a new trial on damages only. After a verdict in the second trial was entered, defendants moved for new trial on the grounds of juror misconduct and excessive damages. The trial court entered a conditional new trial order, granting defendants a new trial unless plaintiffs agreed to a reduction in the damage award. Plaintiffs accepted the remittitur and judgment was entered accordingly. Defendants appeal from the judgment and the conditional portion of the new trial order, seeking retrial of the issue of damages. Plaintiffs appeal from the order granting a conditional new trial and seek reinstatement of the jury’s damage award. We reverse and remand for a partial redetermination of the new trial motion.
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