Troncatti v. Smereczniak

Dissenting Opinion by

Me. Chief Justice Bell:

Where appellant contends that the verdict is against the weight of the evidence or was excessive, a trial *11Court should not limit its grant of a new trial to damages only, unless there was no real dispute as to liability. If there is a substantial dispute as to liability, then a new trial generally should be granted.

For this reason, I would affirm the decision of the Superior Court which set aside the Order of the lower Court which had awarded a new trial, limited to damages only.