Hatch

Jury verdict was for plaintiff for $500. On motion for new trial, the court directed additur of $2,000 (Jehl v. Southern Pac. Co., 66 Cal.2d 821 [ 59 Cal.Rptr. 276 , 427 P.2d 988 ],), raising the total award to $2,500, and granted new trial, limited to the issue of damages only, if defendant did not accept the additur. Defendant did not accept, but appealed.

Although the notice of appeal runs to the judgment as well as the order granting limited new trial, appellant’s brief states that he does not prosecute the appeal from the judgment. Thus there is no attack on the adequacy of the evidence to support the verdict and judgment.

Rather, defendant-appellant argues that the new trial should not have been limited to the issue of damages only, but should have been granted as to all issues.

Limitation of new trial to the issue of damages is within the sound discretion of the trial court, but that discretion is abused if ‘ ‘ the question of liability is close, if the damages are grossly inadequate, and if there are other circumstances which indicate that the verdict was the result of prejudice or an improper compromise” (Hamasaki v. Flotho, 39 Cal.2d 602, 605 [ 248 P.2d 910 ] ;…