Beavers

In this appeal we consider whether the trial court is empowered under Code of Civil Procedure section 629 to grant a partial judgment notwithstanding the verdict. We hold that it is and hence may properly grant a motion for judgment notwithstanding the verdict as to some but not all of the causes of action stated in the complaint.

A jury returned a verdict in favor of plaintiffs Michael and Linda Beavers awarding them $600,000 compensatory damages and $5 million punitive damages against defendants Allstate Insurance Company and J. H. Ferguson & Associates, Inc. The trial court granted a motion for judgment notwithstanding the verdict as to punitive damages and the causes of action for fraud by concealment and intentional infliction of emotional distress. The court granted a new trial on the ground of jury misconduct as to all remaining issues. Both sides appeal.

In their appeal the plaintiffs contend the trial court has no power to grant a partial judgment notwithstanding the verdict and in any event erred in granting it as to punitive damages, fraud by concealment, and the intentional infliction of emotional distress. They further contend the court erred in finding…