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DAUM BY HENDERSON v. LORICK ENTERPRISES, INC.

No. 9121SC356.

413 S.E.2d 559 (1992)

105 N.C. App. 428

Shaunna DAUM, A Minor, by Gary D. HENDERSON, Her Guardian Ad Litem v. LORICK ENTERPRISES, INC.

Court of Appeals of North Carolina.

February 18, 1992.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy & Kennedy by Harold L. Kennedy, III, and Harvey L. Kennedy, Winston-Salem, for plaintiff, appellant.

David F. Tamer, Winston-Salem, for defendant, appellee.

HEDRICK, Chief Judge.

Plaintiff's sole argument on appeal is that the trial court erred in denying her motion for a new trial on the issue of damages.

Rule 59 of the North Carolina Rules of Civil Procedure provides in pertinent part:

A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds: ... (5) Manifest disregard by the jury of the instructions of the court; (6) Excessive...

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