Court Modifies Order Granting New Trial, Finds Remittitur Improper

SAN FRANCISCO -- A California appellate court has modified a trial court order granting a motion for a new trial, ruling that the court's decision to make the order contingent on a remittitur was improper. Clemmer, et al. v. John Crane Inc., No. A114774, A115133 (Calif. Ct. App., 1st Dist., Div. 4).

In the April 16 opinion, the California Court of Appeal for the First District did find, however, that a new trial was warranted on the issue of damages in the asbestos case.

The claims were asserted by Charlton Clemmer, who contended that his work in the U.S. …