Barrese v Murray case 490
April 6th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Barrese v Murray 198 Cal.App.4th 494 (2/8) (2011) Marvin v Marvin claim. Jury verdict $5.7M. On new trial motion, trial judge stated Barrese could not be believed, but that her power was limited to excessive verdict review, that she lacked authority to act as 13th juror based on credibility. San-Diego-Auto-Accident-lawyer New trial denied, reversed. [1] Trial court has plenary power to grant new trial where weight of evidence is contrary to verdict. This power is strongly supported by both courts of appeal and supreme court (citing even a 1893 case). But it must be more than disagreeing with the verdict, and extends to consideration whether verdict supported by sufficient credible evidence. [2] Trial court’s 60-day jurisdictional limit on new trial ruling does not apply to appellate reversal with directions to consider new trial motion. [Case facts confirm F Scott’s Fitzgerald’s comment about the rich are different.] San Diego personal injury attorney