Harmon v. Safeway CA1/2

INTRODUCTION

Plaintiff William Harmon appeals from a judgment of the Sonoma County Superior Court following a jury trial awarding him $5,060 damages in his personal injury action against defendant Safeway, Inc. (Safeway) after he was hit by a runaway grocery cart. Harmon contends: (1) The trial court abused its discretion in granting Safeway leave to change its admissions admitting that the cart hit his wrist; (2) after allowing defendant to withdraw its admissions, the court further erred in denying his motion for cost of proof sanctions; (3) the court erred in denying his motion for additur or for a new trial as to damages only, on the grounds that the damages awarded were inadequate, the verdicts were “against law” and were inconsistent (Code Civ. Proc., § 657),1 and the jury refused to follow the court’s instructions on causation; and (4) the court abused its discretion in denying his motion for judgment notwithstanding the verdict (JNOV) after denying his additur and new trial motions. Finally, Harmon contends the court erred in

1 Unless otherwise indicated, all statutory references are to the Code of Civil Procedure and all references to rules are to the California Rules…