(DOWNLOAD) "Torre Specialties v. Nancy C. Coates" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Torre Specialties v. Nancy C. Coates
- Author : Western District Court of Appeals of Missouri
- Release Date : January 26, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Torre Specialties, Inc., successfully sued Nancy Coates, M.D., for rent and possession of a leased premises in the associate circuit division. Dr. Coates appealed to the circuit division of the court for trial de novo and counterclaimed against Torre Specialties. Judgment was granted to landlord Torre Specialties on its claim for possession. Dr. Coates was granted judgment on the landlord's rent claim and her counterclaim for breach of lease, for which she was awarded $82,500.00, and breach of warranty, for which she received no damages. Both parties filed timely motions for new trial. The trial court denied all motions except Torre Specialties' motion for new trial, which argued that the verdict for the breach of lease counterclaim was excessive. The trial court, in affirming this motion, ruled that ""the verdict is excessive and that it was arrived at by the jury acting without regard to the evidence,"" and that ""the verdict was motivated by the bias and prejudice of the jury in favor of the defendant."" Both parties articulate claimed error in the trial court's failure to rule in their favor on post-trial motions. Dr. Coates appeals from the trial court's order granting a new trial on her counterclaim for breach of the lease, claiming the trial court: (1) abused its discretion because the evidence, even when viewed in the light most favorable to the trial court's finding, does not support the claim of bias and prejudice; (2) erred in granting a new trial because, absent specific grounds of error, mere excessiveness alone does not establish that a verdict is a result of bias or prejudice; and (3) erred in finding the verdict excessive because the jury's award is supported by the evidence. Torre Specialties cross-appeals, contending that the trial court erred in failing to grant its motion for new trial on the grounds of the inadequacy of damages awarded for Dr. Coates' breach of the lease. The judgment of the trial court is affirmed.