This appeal follows a jury verdict on Jeanie Gorden’s negligence action based on injuries suffered in an automobile accident in which her automobile was struck by a car driven by defendant Mitchell Carey and owned by his mother, defendant Joann Kamber. The jury awarded Gorden $1350 for past physical and mental pain and suffering and $1350 for past loss of the function of the body. The jury assessed Gorden thirty-five percent comparative fault and the court reduced the damages accordingly. Gorden appeals contending generally the damages awarded were inadequate. She argues that a new trial on the issue of damages should have been granted.
Gorden makes this contention for the first time on appeal. She made no motion for new trial based on the alleged inadequacy of damages following the trial and did not seek additur. Nor did she in any other manner alert the trial court to her concern about the amount of damages awarded. We find Gorden has failed to preserve this issue for our review.
See
4 C.J.S.
Appeal and Error
§ 224 (1993) (a motion for new trial is generally required to preserve a claim that the damages awarded were excessive or inadequate);
Christiansen v. Roddy,
Iowa Rule of Civil Procedure 244
1
provides that the proper method for
Even if error had been preserved, there is substantial evidence in the record to support the jury’s damage awards and we will not disturb them by granting the plaintiff a new trial.
See Kaiser v. Stathas,
AFFIRMED.
Notes
. Iowa Rule of Civil Procedure 244 provides in relevant part:
On motion, the aggrieved party may have an adverse verdict, decision, or report or some portion thereof vacated and a new trial granted if any of the following causesmaterially affected movant’s substantial rights:
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d. Excessive or inadequate damages appearing to have been influenced by passion or prejudice; [or]
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f. That the verdict, report, or decision is not sustained by sufficient evidence or is contrary to law....
