Jolly v. Fisher Controls International, LLC and Crosby Valve, LLC

Syllabus

The primary issues in this case involve a civil trial court's power to grant a motion for a new trial nisi. We find the trial court applied the correct standard for decision in granting the plaintiffs' motion for a new trial nisi additur, acted within its discretion in finding the jury verdict inadequate, and followed the proper procedure by permitting the non-moving party to reject the nisi amount in favor of a new trial. We also find the trial court acted within its discretion in allocating the proceeds of pretrial settlements for the purpose of setoff. We affirm.