Andrews v. Peters

330 S.E.2d 638 (1985)

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Nature of the Case

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Facts

P was injured when her co-employee, D, walked up behind her at work and tapped the back of her right knee with the front of his right knee, causing her knee to buckle. P lost her balance, fell to the floor, and dislocated her right kneecap. P sued for intentional assault and battery. P sought compensation for medical expenses, loss of income, pain, and suffering, permanent disability, and punitive damages. The trial judge submitted the case to the jury on the theory of battery. The jury awarded $7,500 in damages. P motioned for a new trial on the issue of damages, alleging that the inadequate verdict was the product of passion or prejudice and that the evidence was insufficient to support the verdict. The trial court granted the motion. D then filed a motion, asking the trial court to state in its order the amount of damages it deemed sufficient to prevent a new trial and further, to vacate its order and instead, increase Andrews' award to a maximum of $ 25,000. The trial court denied both motions, and P appealed.