Post-Trial Motions Self-Quiz
John is walking
on a sidewalk when Acme Construction Corp. decides to move its crane so
that the piano being hoisted dangles precariously over John’s head.
The crane operator, Mike, makes a sudden turn of the wheel, causing the
cable to sway furiously, which in turn causes the piano to fall, just
missing John. John, frightened and devastated because it was his $500,000
grand piano, sues Acme for negligence. During trial, John presents 10
witnesses, all of whom testify that in their opinion, Mike was intoxicated
while operating the crane. John also presents pictures showing five empty
beer cans littered on the floor of the crane’s cab. Finally, John
presents testimony from Mike’s colleagues, all of whom state that
Mike frequently operated the crane while intoxicated. After John rests
his case, Mike testifies that he was not drunk while operating the crane.
The jury returns a verdict for Mike, finding him to be not liable to John.
John moves for a new trial. On what ground would John be most successful?
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John is walking
on a sidewalk when Acme Construction Corp. decides to move its crane so
that the piano being hoisted dangles precariously over John’s head.
The crane operator, Mike, makes a sudden turn of the wheel, causing the
cable to sway furiously, which in turn causes the piano to fall, just
missing John. The piano crashes to the ground and splinters into thousands
of pieces. John, frightened because the piano almost hit him, and devastated
because it was his grand piano worth $500,000, sues Acme for compensatory
and punitive damages. During trial, John presents 10 witnesses, all of
whom testify that, in their opinion, Mike was intoxicated while operating
the crane. John also presents pictures showing five empty beer cans littered
on the floor of the crane’s cab. Finally, John presents testimony
from Mike’s colleagues, all of whom state that Mike frequently operated
the crane while intoxicated. After John rests his case, Mike testifies
that he was not drunk while operating the crane. The jury returns a verdict
for John, finding Mike negligent, and awards $100,000. John moves for
a new trial. On what ground would John be most successful?
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Assume that
John does not move for a new trial. The judge, reading the jury’s
verdict, decides that the verdict is inadequate and, on its own, orders
a new trial. Acme argues that such an action is improper. Is Acme correct?
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What if the
jury returned a verdict for John, finding Mike negligent, and awards $1
million. Is Acme likely to be successful in moving for a new trial on
the ground that the verdict is excessive?
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While walking
on a public sidewalk in the Village of Greenacre, Seth trips over a crack
in the sidewalk and is injured. Seth sues the Village of Greenacre for
damages. The jury, finding the Village liable, awards Seth damages to
compensate him for his injuries. After the jury renders its verdict, the
pertinent law is amended to require a municipality to receive notice of
a defective condition before it can be held liable. Before the law was
changed, there was no requirement that the municipality receive notice
of a defective condition before it can be held liable. The Village moves
for a new trial on the basis that the law has changed and that because
it was not given any notice of the defective condition, it cannot be held
liable for Seth’s injuries. How will the judge rule?
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Assume the
same facts above, except that the law changed in the middle of the action.
The Village moves to alter the judgment on the ground that under the new
law, it cannot be held liable for Seth’s injuries. (It is conceded
that no notice was given.) Will the court grant or deny the motion?
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