WORTH JAMES CONSTRUCTION COMPANY v. Herring

J. Fred JoNes, Justice.

We are called on here to determine whether the trial court abused its discretion in setting aside a verdict and granting a new trial on motion of the appellee who had been awarded $2,500.00 in an action for personal injuries. Indeed we are called on to determine whether or not the trial court even had any discretion in the matter where the action is for injury to the person, but having concluded that the verdict she. dd have been set aside and a new trial granted for error in instruction, the trial court’s discretion becomes a minor issue.

Mrs. Jean Herring filed suit in…