"The law in South Carolina is clear that when a verdict in favor of a plaintiff is fully supported by the evidence on the issue of liability but the damages awarded are inadequate, a new trial may be ordered on the issue of damages alone." Cartin v. Keller Bldg. Prods. of Charleston , 299 S.C. 152, 153, 382 S.E.2d 922, 923 (1989). In other words, "[a] new trial on damages alone is not warranted unless the evidence presented indicated that a directed verdict on the issue of liability would have been proper."
AFFIRMEDDonald R. Moorhead, of Donald R. Moorhead, PA, of Greenville; and Cynthia Barrier Patterson, of Columbia, for Appellants. Marcus Kirk McGarr, of Marcus K. McGarr, PA, of Greenville, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: 2 1. As to whether the trial court erred by denying James L. Dawkins's motions for a new trial on damages or a new trial nisi additur: Todd v. Joyner, 385 S.C. 509, 517, 685 S.E.2d 613, 618 (Ct. App. 2008), aff'd, 385 S.C. 421, 685 S.E.2d 595 (2009) ("The denial of a motion for a new trial [nisi additur] is within the trial court's discretion and will not be reversed on appeal absent an abuse of discretion."); id. at 517-18, 685 S.E.2d at 618 ("A trial court does not abuse its discretion in denying a motion for new trial [nisi additur] where evidence in the record supports the jury's verdict."); Cartin v. Keller Bldg. Prods. of Charleston, 299 S.C. 152, 153, 382 S.E.2d 922, 923 (1989) ("The law in South Carolina is clear that when a verdict in favor of a plaintiff is fully supported by the evidence on the issue of liability but the damages awarded are inadequate, a new trial [may] be ordered on the issue of damages alone." (emphasis added)).
Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether the trial court erred by denying James L. Dawkins's motions for a new trial on damages or a new trial nisi additur: Todd v. Joyner, 385 S.C. 509, 517, 685 S.E.2d 613, 618 (Ct. App. 2008), aff'd, 385 S.C. 421, 685 S.E.2d 595 (2009) ("The denial of a motion for a new trial [nisi additur] is within the trial court's discretion and will not be reversed on appeal absent an abuse of discretion."); id. at 517-18, 685 S.E.2d at 618 ("A trial court does not abuse its discretion in denying a motion for new trial [nisi additur] where evidence in the record supports the jury's verdict."); Cartin v. Keller Bldg. Prods. of Charleston, 299 S.C. 152, 153, 382 S.E.2d 922, 923 (1989) ("The law in South Carolina is clear that when a verdict in favor of a plaintiff is fully supported by the evidence on the issue of liability but the damages awarded are inadequate, a new trial [may] be ordered on the issue of damages alone." (emphasis added)).