Section 3.35 New Trial on Separable Issues and Issue of Damages Only

• Library: App Ct Prac 2015 Supp

B. (§3.35) New Trial on Separable Issues and Issue of Damages Only

When a trial court has acted under its authority to grant a new trial on “part of the issues,” it is deemed to have determined that injustice to the parties will not result. In negligence cases, the trial court may, in its discretion, limit an issue of damages when no error affects the validity of the verdict on liability. Burnett v. Griffith, 769 S.W.2d 780, 790 (Mo. banc 1989). Stated another way, the issue of damages must be clearly severable from and not so interwoven with the other issues in the case, i.e., liability, that the defending party is prejudiced by retrial on the single issue of damages. SeeZibung v. Union Pac. R.R. Co., 776 S.W.2d 4, 6 (Mo. banc 1989); Henry v. Union Pac. Sys., 875 S.W.2d 212, 215 (Mo. App. E.D. 1994). An appellate court will not hold that the trial court has abused its discretion by granting a new trial on the issue of damages only unless it is made to appear on the record, contrary to the trial judge’s finding, that the damage issue may not be tried alone without...