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Hammarlund v. James9/7/2004
r past and future pain, disability, and disfigurement are the result of passion or prejudice, or cannot be justified by the evidence. After independently reviewing the record, we conclude there is evidence to support both awards. We will not reverse a specific damage award on evidence based on a conclusory statement that a new trial on all damages is warranted. See State v. Modern Recycling, Inc., 558 N.W.2d 770, 772 (Minn. App. 1997) (stating assignment of error in brief based on mere assertion and not supported by argument or authority is waived"unless prejudicial error is obvious on mere inspection"); see also ITT Hartford Ins. Co. v. Owens, 816 So.2d 572, 577 (Fla. 2002) (restricting new trial to issue of future medical expenses because special verdict form and record showed error only occurred in that area of recovery).
We reverse the jury's award for future medical expense and future lost earning capacity and remand for a new trial restricted to these issues.
Affirmed in part, reversed in part and remanded.
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