Schrader v. Bell

Robert H. Dudley, Justice.

The jury returned a defendant’s verdict in this case involving a car wreck at an intersection. The trial court granted the plaintiffs motion for a new trial. We reverse and dismiss.

In 1982, we amended ARCP Rule 59(a)(6) to state that a trial judge can set aside a jury verdict only when it is “clearly contrary to the preponderance of the evidence. . . .” Clayton v. Wagnon, 276 Ark. 124, 633 S.W,2d 19 (1982). The trial judge cannot substitute his view of the evidence for that of the jury. Bryant v. Sorrells, 293 Ark. 276, 737 S.W.2d 450 (1987). If the trial judge…