Bernstein v. Fernandez, 649 A.2d 1064 (1991)

Citation: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Parent Document: Bernstein v. Fernandez, 649 A.2d 1064 (1991)
Jurisdiction: DC (municipal)
Effective Date: 1991-03-28
Original Source: https://www.courtlistener.com/opinion/2103411/bernstein-v-fernandez/ ↗

Full Text

1,119 chars

H & M’s good faith repair defense, drawn from Watson v. Kotler, supra note 5, has no application to this case. Even assuming that such a defense exists, the facts of this case make it easily distinguishable from Watson. Moreover, there was evidence before the jury allowing it reasonably to find that H & M’s “repair” efforts were not made in good faith (e.g., the fact the same repairs had to be made over and over again), so that the denials of a directed verdict and judgment n.o.v. on this ground were proper. The denial of the motion for new trial on the same ground was well within the trial court’s broad discretion. Oxendine v. Merrell Dow Pharmaceuticals, Inc., 506 A.2d 1100, 1110-1111 (D.C.1986); Rich v. District of Columbia, supra note 3, 410 A.2d at 535-536. Refusal to grant a remittitur was likewise within the trial court’s discretion in the exercise of its duty to guard against jury verdicts that are excessive or against the weight of the evidence. Davis v. Abbuhl, 461 A.2d 473, 476 (D.C.1983); see Afro-American Publishing Co. v. Jaffe, 125 U.S.App.D.C. 70, 83, 366 F.2d 649, 662 (1966) (en banc).

Other Sections in This Document (123)

Full Text