concurring in part and dissenting in part: I concur in the court’s judgment that the record clearly discloses the verdict is grossly inadequate, and in granting the plaintiff a new trial. While the issue of liability was contested, the district court, in overruling the plaintiff’s motion for a new trial, made the statement that “the evidence was somewhat overwhelming” as to the defendant’s liability. I would reverse the case, but limit the trial solely to the amount of the plaintiff’s damages.
Fontron and O’Connor, J. J., join in the foregoing concurring and dissenting opinion.