Thirteenth juror doctrine may not be used to grant a new trial on damages

In Coward v. Roberson, after a verdict for the plaintiff and an award of damages, the circuit judge granted a new trial on damages alone based on the thirteenth juror doctrine. The Court of Appeals reversed, holding that "the grant of a new trial based on the thirteenth juror doctrine grants a new trial in toto" and that the "thirteenth juror doctrine is not the proper vehicle for ordering a new trial on a singular issue such as damages."

This opinion is a reminder on the limits of the Thirteenth Juror Doctrine.