SANDOVAL v. CHRYSLER CORP.

No. 18198.

960 P.2d 834 (1998)

125 N.M. 292

1998-NMCA-085

James E. SANDOVAL, Plaintiff-Appellee, v. CHRYSLER CORPORATION, a Delaware Corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

May 20, 1998.


Attorney(s) appearing for the Case

Kevin Martinez, Walter K. Martinez Law Office, Joe M. Romero, Jr., Romero & Associates, P.A., Albuquerque, for Plaintiff-Appellee.

Walter J. Melendres, Sarah M. Singleton, Andrew S. Montgomery, Montgomery & Andrews, P.A., Santa Fe, Burgain G. Hayes, Leslie Benitez, Clark, Thomas & Winters, P.A., Austin, TX, for Defendant-Appellant.


OPINION

BOSSON, Judge.

{1} We are called upon to examine the duty of the trial judge who finds that a jury's award of compensatory damages shocks the conscience of the court, but who nevertheless denies a motion for remittitur or, in the alternative, a new trial. We hold in this case that the court abused its discretion in failing to act upon its findings regarding an excessive verdict, and we reverse and remand for the court to do so. We also...

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