Van v. Schmidt

This case concerns the proper standard of review and the appropriate remedy when an appellate court reviews a trial court’s order granting a new trial on the ground that the jury verdict was contrary to the manifest weight of the evidence, where the trial court’s order was premised, at least in part, on an error of law. In this case, the trial court granted the plaintiffs’ motion for a new trial based on the manifest weight of the evidence. The trial court’s order, however, was premised, at least in part, on an error of law — specifically, that the jury could not reject the *246uncontroverted…