SETZER v. DUNLAP

No. 7418DC717.

208 S.E.2d 710 (1974)

23 N.C. App. 362

Felicia SETZER v. Gloria L. DUNLAP.

Court of Appeals of North Carolina.

October 16, 1974.


Attorney(s) appearing for the Case

Clontz, Gardner & Tate by James W. Clontz, High Point, for plaintiff appellee.

Sapp & Sapp by W. Samuel Shaffer, II, Greensboro, for defendant appellant.


CAMPBELL, Judge.

The defendant assigns as error the action of the trial judge in setting aside the verdict and granting a new trial.

Under G.S. § 1A-1, Rule 59(a)(6), a judge may grant a new trial to any party on the grounds that inadequate damages were awarded which appear to have been given under the influence of passion or prejudice. A motion in this regard is directed to the sound discretion of the trial judge and it is established that "[w]hile the...

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