Haugen v. SchneiderCivil No. 880337

Levine, Justice.

Kevin T. Schneider appeals from an order granting David L. Haugen a new trial on damages. Haugen sued for damages for personal injuries which included a rib fracture, a laceration to his right knee requiring stitches, a hematoma and contusions. He was hospitalized for two days. The jury awarded $1,389.40 in damages for medical expenses and property damage but nothing for pain and suffering or lost income. The trial court concluded that in failing to award any damages for pain and suffering, the jury ignored either the uncontradicted evidence or the jury instructions. The trial court granted additur of $10,000 for pain and suffering or a new trial. Schneider rejected additur.

On appeal Schneider argues that we should apply heightened scrutiny rather than our usual deferential standard of review of the grant of a new trial when the verdict is contrary to the evidence. Under either standard of review, we hold that the trial court did not abuse its discretion and we affirm under Rule 35.1(a)(4), North Dakota Rules of Appellate Procedure.

Beryl J. Levine
Herbert L. Meschke
H.F. Gierke III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.