ANDREWS V. PETERS
330 S.E.2d 638 (1985)
NATURE OF THE CASE: Peters (D) appealed a judgment which granted Andrews' (P) motion for
a new trial after a jury verdict in her favor for limited damages, and which denied D's
combined motions to vacate its new trial order, and to fully set forth the reasons for such
order.
FACTS: P was injured when her co-employee, D, walked up behind her at work and tapped the
back of her right knee with the front of his right knee, causing her knee to buckle. P lost
her balance, fell to the floor, and dislocated her right kneecap. P sued for intentional
assault and battery. P sought compensation for medical expenses, loss of income, pain and
suffering, permanent disability, and punitive damages. The trial judge submitted the case to
the jury on the theory of battery. The jury awarded $7,500 in damages. P motioned for a new
trial on the issue of damages, alleging that the inadequate verdict was the product of
passion or prejudice and that the evidence was insufficient to support the verdict. The
trial court granted the motion. D then filed a motion, asking the trial court to state in
its order the amount of damages it deemed sufficient to prevent a new trial and further, to
vacate its order and instead, increase Andrews' award to a maximum of $ 25,000. The trial
court denied both motions and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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