Fisch v. Manger

24 N.J. 66, 130 A.2d 815 (1957).

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Fisch (P) was awarded $3,000 by the jury for injuries sustained in an automobile accident. P moved for a new trial; the award covered his medical bills ($2,200) and lost wages ($620) but not his suffering and permanent injuries. The trial judge wrote the parties advising that unless D consented to an increase in the amount to $7,500, a new trial would be granted, limited to the issue of damages only. The judge also stated that P was not entitled to a larger amount because he had a back condition before the accident. The evidence showed that his prior back condition had healed before the accident. D consented to the modification, and P's motion for a new trial was dismissed. P appealed. P contends that the trial court had no power to condition the grant of a new trial on the failure of D to consent to the additur and that the increased amount was totally inadequate.