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Elliott v. Birth3/19/2002
eveals that at no time did the court instruct the jury to consider future expenses. In fact, the court's charge on damages employed past tense verbs (paid, incurred, experienced). This is consistent with the trial court's determination that there was no basis upon which to instruct on permanent injury.
A trial court's ruling on a Rule 59(a) motion constitutes an abuse of discretion if it is based upon findings and conclusions not supported by the record. Munie, 109 N.C. App. 336, 427 S.E.2d 149; Daum, 105 N.C. App. 428, 413 S.E.2d 559, disc. review denied, 331 N.C. 383, 417 S.E.2d 789 (1992). In the instant case, we conclude that the record does not support the trial court's conclusions that (1) the jury's verdict was contrary to the evidence and inadequate as a matter of law, (2) the jury's verdict was given under the influence of prejudice against plaintiff'sgrandmother, Maria, or that (3) the jury acted in manifest disregard of the court's instructions.
For the reasons discussed above, we reverse the trial court's order which vacated the jury's award and ordered a new trial; the jury's award is hereby reinstated.
Reversed.
Chief Judge EAGLES and MARTIN concur.
Report per Rule 30(e).
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