Sanders v. Pete & Sons Garage, Inc.

PREWITT, Judge.

The trial court directed a verdict in favor of defendants on plaintiffs-appellants' petition and a jury found for plaintiffs-appellants on defendants-respondents’ counterclaim. Thereafter, pursuant to a motion for new trial the trial court granted respondents a new trial on their counterclaim because the verdict was against the weight of the evidence.

Rule 78.02 gives the trial court the authority to grant one new trial on the ground that the verdict is against the weight of the evidence where there is substantial evidence to support a verdict for the party receiving the new…