The jury in this diversity personal-injury case brought in a verdict for the plaintiff of $69,500. On the defendant’s motion the district judge ordered a new trial unless the plaintiff would agree to remit $29,500 of the jury’s award. The plaintiff has appealed from this order, and the defendant has moved to dismiss the appeal.
An order for a new trial is not a final order appealable under 28 U.S.C. § 1291; and since the plaintiff in this case refused to accept the remittitur, the order from which he is appealing is an order for a new trial, and is not appealable.
Allied Chem. Corp. v. Daiflon, Inc.,
Appeal Dismissed.
