(Download) "Robert Panzer v. C. Bryan King" by Supreme Court of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: Robert Panzer v. C. Bryan King
- Author : Supreme Court of Tennessee
- Release Date : January 11, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This case involves the question of the right of plaintiff to take a voluntary non-suit after the entry of the trial court's
order setting aside the jury verdict and granting plaintiff a new trial, where defendant insisted that a non-suit was improper
because it deprived him of his vested right to appellate review of the propriety of the action of the trial court in granting
plaintiff a new trial. Plaintiff, Robert Panzer, sued for the wrongful death of his twenty-year-old daughter, who was killed while riding as a passenger
in defendant's vehicle. The jury returned a verdict for $15,200.09. Plaintiff filed a motion for an additur, or in the alternative,
the grant of a new trial. The ground alleged for the additur was that the verdict was so inadequate as to evince passion,
prejudice and unaccountable caprice. The new trial was sought on allegations that a number of jurors had made an unauthorized
visit to the scene of the accident during the lunch hour on the last day of the trial and that they conducted "their own tests"
in order to determine the accuracy of the roadway, apex of the curve, depth of the adjoining ditch beside the roadway, the
number of trees which had been struck, the incline of the terrain, etc. It was alleged that the information thus obtained
was transmitted to the other jurors who were influenced by those findings, independent of the evidence adduced at the trial.
Additional misconduct was asserted with regard to factual statements and speculation by the jurors with respect to whether
defendant had liability insurance and the amount hereof.
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