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Parker v. First American Corp.

3/6/2000

jury's decision was not appealed. We therefore reverse the jury's verdict as to the amount of damages only. We remand this case to the trial court for a trial on the damage issue alone. See Lane v. John Deere Co., 767 S.W.2d 138, 143 (Tenn. 1989) (affirming a jury verdict as to liability, but finding that proof of damages was inadequate such that the case must be remanded for a new trial on the issue of damages only).


III. Conclusion


We find that the jury's damage award is not supported by material evidence. Therefore, that portion of the jury verdict awarding damages to Plaintiff in the amount of $8,102.90 is reversed, and this case is remanded for a new trial on the issue of damages. The costs of appeal should be assessed against the appellee, First American Bank.


WILLIAM B. CAIN, JUDGE


CONCUR:


PATRICIA J. COTTRELL, JUDGE


W. FRANK CRAWFORD, JUDGE




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