Whyatt

Plaintiff was given judgment upon a jury verdict in the amount of $750, in an action seeking recovery of damages for personal injuries sustained in an automobile collision. As stated in her opening brief: “Plaintiff appeals from the judgment entered on jury verdict and from denial of her motion for a new trial upon the following grounds: Insufficiency of the evidence to justify the verdict in that damages awarded plaintiff for personal injuries in the automobile accident were grossly inadequate to compensate her for the special and general damages she suffered; error, as a matter of law consisting of abuse of discretion of the trial court in failure to grant plaintiff’s motion for a new trial.”

The order denying a motion for a new trial is nonappealable (Taylor v. Hawkinson, 47 Cal.2d 893 [ 306 P.2d 797 ]), but is reviewable upon an appeal from the judgment (Code Civ. Proc., § 956; Hughes v. De Mund, 195 Cal. 242, 247 [ 233 P. 94 ]). It is well settled that a motion for a new trial on the ground of insufficiency of the evidence to justify the verdict appeals peculiarly to the discretion of the trial court, and its order refusing a new trial will not be disturbed on appeal in the…