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GRENZ v. KELSCH

Civ. No. 880198.

436 N.W.2d 552 (1989)

David GRENZ, Plaintiff and Appellee, v. Candace KELSCH, Defendant and Appellant.

Supreme Court of North Dakota.

February 14, 1989.

Attorney(s) appearing for the Case

Pearce and Durick, Bismarck, for defendant and appellant; argued by B. Timothy Durick and Larry L. Boschee.

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff and appellee; argued by Arnold V. Fleck.

LEVINE, Justice.

Candace Kelsch appeals from an order for a partial new trial granted for David Grenz. We reverse.

Grenz sustained injuries in a car/pedestrian accident and sued Kelsch, the driver of the car. A jury found total damages of $27,000, and apportioned thirty percent negligence to Grenz and seventy percent to Kelsch. Grenz moved for additur or a new trial on damages. Concluding that the jury verdict was inconsistent and the evidence insufficient...

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