Fox v. Cusick

OPINION

By the Court,

Thompson, J.:

This action was commenced by Edward and Phenamaye Cusick to recover damages for personal injuries sustained in an automobile accident. Their car was struck in the rear by a car driven by the defendant, Gary Fox. A jury returned its verdict for Fox. The Cu.sicks timely moved for a judgment notwithstanding the verdict, or in the alternative, for a new trial. The district court denied their motion for judgment n.o.v. but granted a new trial because of its belief that the verdict was. against the weight of the evidence. This appeal by Fox challenges that ruling.

Rul…