Title 51, Chapter 12, Section 12
( 51-12-12)
(a) The question of damages is ordinarily one for the jury; and the
court should not interfere with the jury's verdict unless the
damages awarded by the jury are clearly so inadequate or so
excessive as to be inconsistent with the preponderance of the
evidence in the case. (b) If the jury's award of damages is clearly so inadequate or so
excessive as to any party as to be inconsistent with the
preponderance of the evidence, the trial court may order a new trial
as to damages only, as to any or all parties, or may condition the
grant of such a new trial upon any party's refusal to accept an
amount determined by the trial court. (c) Only one grant of a new trial by the judge may be based upon the powers conferred by this Code section. The first grant of a new trial other than one ordered under this Code section and which order granting the new trial is not based on this Code section shall remain governed by Code Section 5-5-50. |