Hubbard v. Brown

LOVE, WILLIAM K., Associate Judge.

Appellant contends error in the trial court’s order granting a new trial in a negligence action.

Appellant contends that the trial court abused its discretion in granting a new trial in a negligence action. The order recited:

“the judicial conscience of this Court was shocked by the verdict of the jury and it is this Court’s reaction that racial prejudice, among other things, entered into the considerations of a member or members of the jury”.

The discretion of the trial judge in granting a new trial is very broad, but is subject to appellate review, and its…