Resort Video, Ltd. v. Laser Video, Inc.

This appeal involves a procedural attack on the trial court’s decision to grant a new trial motion and concerns the sufficiency of evidence to support an award of damages. The matter arises from a breach of contract action for the purchase and sale of replicated video discs. The issue is not whether damages should have been awarded, but whether the amount of the award was excessive.

Plaintiff, appellant, and cross-respondent Resort Video, Ltd. (Resort) appeals from the order of the trial court granting defendant, respondent, and cross-appellant Laser Video, Inc. (Laser) a new trial on the issue of damages.

Laser cross-appeals from the judgment entered following a jury verdict awarding Resort damages in the sum of $975,000.

On the appeal, Resort argues the trial court failed to comply with the requirements of Code of Civil Procedure section 657, and, even with compliance, there was sufficient evidence to support the jury’s $975,000 verdict.

We find the trial court’s order properly stated the grounds for granting Laser a new trial, and the specification of reasons was adequate and timely filed. We further find evidence of lost profits and business expenses proffered by…