Mossey v. St. Luke's Hospital

The sole issue necessary to be determined on appeal is whether the trial court abused its discretion in ordering a new trial in the instant action.

The order for a new trial pursuant to sec. 270.49, Stats., is addressed to the discretion of the court and will not be reversed unless the court abused its discretion in so ordering a new trial. Hillstead v. Shaw (1967), 34 Wis. 2d 643, 150 N. W. 2d 313. If the court has ordered a new trial on more than singular grounds, then the order of the court will not be reversed unless all grounds upon which the court has relied constitute an abuse of…