Hurt v. Newcomb

The sole issue in this appeal is whether the trial court erred in setting aside a plaintiffs verdict and ordering a new trial.

Steven E. Hurt sued Greg Randall Newcomb to recover damages for personal injuries allegedly caused by Newcomb’s negligent operation of a motor vehicle. The case was set for trial on October 11, 1989, before the Honorable Charles L. McCormick, III.

Approximately two months prior to the scheduled trial date, Hurt’s counsel advised Judge McCormick that Hurt requested a bench trial in lieu of a trial by jury. Newcomb’s counsel responded by requesting that Judge McCormick…