Holden v. Coussens

DOOLIN, Justice.

We hold trial court’s granting plaintiff’s motion for new trial on this comparative negligence verdict was an abuse of discretion. A trial court’s discretion in granting a new trial is not unqualified but it is sound legal discretion to be exercised in accordance with recognized principles of law. 1

In this case the jury returned the following verdict:

“VERDICT

We, the jury, empaneled and sworn in the above entitled cause, do, upon our oaths, find as follows:

1. Plaintiff’s negligence (0% to 100%) 40 %

2. Defendant’s negligence (0% to 100%) 60 %

(1 and 2 must total 100%) 100 %

The…