This section contains the nature of the case and procedural background.

Fisch (P) was awarded $3,000 by the jury for injuries sustained in an automobile accident. P moved for a new trial; the award covered his medical bills ($2,200) and lost wages ($620) but not his suffering and permanent injuries. The trial judge wrote the parties advising that unless D consented to an increase in the amount to $7,500, a new trial would be granted, limited to the issue of damages only. The judge also stated that P was not entitled to a larger amount because he had a back condition before the accident. The evidence showed that his prior back condition had healed before the accident. D consented to the modification, and P's motion for a new trial was dismissed. P appealed. P contends that the trial court had no power to condition the grant of a new trial on the failure of D to consent to the additur and that the increased amount was totally inadequate.

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